No notice under S.41-A Cr.P.C. issued to accused prior to obtaining warrant of arrest

2022 CRI LJ 4198

AIROnline 2022 JHA 1151

(JHARKHAND HIGH COURT)

Baby Chatterjee v. State of Jharkhand and others.

W.P. (Cri.) No. 323 of 2022, D.19-7-2022. 

Criminal P.C. (2 of 1974), Ss.80, 81, 41A -Arrest warrant - Issuance of -Accused, journalist of news channel who is husband of applicant was arrested by po- lice in midnight from apartment where he was residing-Wife and lawyers were not allowed to meet accused - Privacy of wife and husband have been snatched by police as arrest was made in midnight from bed- room where both were present Police from another place came to place of resi- dence of accused to arrest him without in- timation to local police - No notice under S.41-A Cr.P.C. issued to accused prior to obtaining warrant of arrest from court to co-operate in investigation Prima facie it appears that procedure under Ss. 80, 81 was not followed-Accused entitled to in- terim release.

AIR 2021 SC 1, Followed. (Paras 16,20, 21, 22)

Cases Referred:

AIR 2021 SC 1 (Foll.) 

AIR 2022 SC 3386

Special Leave to Appeal (Criminal) No.762/ 2020

AIR 2017 SC 550

AIROnline 2016 SC 26

AIR 2014 SC 2756 

AIR 2013 SC 58

AIROnline 2012 SC 447

AIR 2008 SC 251

AIR 1997 SC 610