Section 41-A notice not mandatory when arrest is justified under Section 41(1); arrest and remand upheld.

Where the investigating officer records satisfaction that arrest is necessary under Section 41(1) CrPC, prior notice under Section 41-A is not mandatory. The Court found that the petitioner's involvement emerged through a co-accused's disclosure, reasons for arrest were recorded, and the petitioner had avoided notice and changed location. It further held that the arrest memo and remand proceedings showed compliance with Article 22 and the procedural safeguards under Sections 41, 41-A and 50 CrPC, and that the magistrate had applied judicial satisfaction before authorising remand. The arrest and remand order were therefore upheld.

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Issues: Whether the arrest of the petitioner and the order granting police remand were illegal for non-compliance with Article 22 of the Constitution of India and Sections 41, 41-A and 50 of the Code of Criminal Procedure, 1973.

Analysis: The challenge turned on whether the police were obliged to first issue notice of appearance under Section 41-A of the Code of Criminal Procedure, 1973 and whether the grounds of arrest were properly communicated. The record showed that the petitioner's involvement surfaced through disclosure by a co-accused, that the investigating agency recorded reasons for arrest under Section 41 of the Code of Criminal Procedure, 1973, and that the petitioner was apprehended after he avoided notice and changed location. The Court held that Section 41-A applies only where arrest is not required under Section 41(1), and once the investigating officer is satisfied that arrest is necessary under Section 41, prior notice under Section 41-A is not mandatory. The Court also found that the arrest memo and remand proceedings reflected compliance with the relevant procedural safeguards and that the magistrate had recorded satisfaction while authorising remand.

Conclusion: The arrest and the remand order were held to be lawful, and the petition failed.

Ratio Decidendi: Section 41-A of the Code of Criminal Procedure, 1973 is inapplicable where the investigating officer records satisfaction that arrest is necessary under Section 41(1), and a remand order will not be interfered with if the arrest and remand reflect compliance with the constitutional and statutory safeguards.

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