Hyderabad Telangana

Police Can’t Arrest Accused Without Magistrate’s Permission After Issuance Of 41-A CrPC Notice: Telangana High Court

Hyderabad : The Telangana High Court has observed that after issuance of notice under Section 41-A Cr.P.C., if the police feel that the accused has to be arrested, then, without obtaining permission from the Magistrate concerned, they cannot arrest the accused.


The Bench of Justice Lalitha Kanneganti observed thus while dealing with an anticipatory bail plea filed by the application in a case registered for the offences punishable under Sections 406, 420 read with Section 34 IPC.

The Court also directed the police concerned to follow the procedure as contemplated under Section 41-A Cr.P.C., and the guidelines formulated by the Apex Court in Arnesh Kumar’s case.

Last year, in November, the Telangana High Court granted liberty to an accused to initiate proceedings against police officials if the procedure for arrest under Section 41A CrPC is violated. The Court reminded that the police are duty-bound to follow the guidelines laid down by the Supreme Court in the ‘Arnesh Kumar’ case for arrest.

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