Bengaluru | 04 Feb, 2021 (1 year, 3 months ago)

Criminal Law

Section 41A CRPC

An FIR was registered under Section 66 of Information Technology Act. The Court granted bail. Many Investigation officers have changed since then. The Court ordered to put after final report. Can the Police still issue notice under 41 A Crpc ?
Answers
04 Feb, 2021 | 16:21

It is not clear what you mean by "court ordered to put after final report". I'm presuming that the Charge-sheet/final report has not yet been filed. Further, I'm also presuming that Notice u/s 41A has been issued with respect to the very same FIR. Generally, even after the grant of bail the police does have the power to require the co-operation of the accused with the investigation and for this purpose it may require the accused person's attendance for interrogation. Whether the same can be achieved through a Notice u/s 41A is a contestable issue. Further, on failure to attend, whether the police can directly arrest u/s 41A(4) or would it have to apply for cancellation of bail, is an issue that might require consideration. In any case, failure to attend may itself constitute a strong ground for cancellation of bail. At that stage, a technical objection to the effect that a notice u/s 41A was not the appropriate process, may not be adequate. Hence it is advisable that the Notice u/s 41A be complied with. However, if you feel that the police authorities are abusing their investigative powers by unnecessarily requiring your presence multiple times without any effective investigation being conducted, appropriate legal recourse maybe available.


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