https://www.taxtmi.com/caselaws?id=457342 Section 41A operates as a mandatory safeguard against routine arrest: where a person has complied with notice, arrest can follow only if the officer records reasons supported by material showing lawful necessity. On the facts, the petitioners had appeared when called, no fresh material justified arrest after years of investigation, and the stated allegation of non-cooperation was insufficient; the arrest was therefore held illegal for breach of Sections 41A, 41 and 60A of the Code of Criminal Procedure, 1973. As to the woman petitioner, no breach of Section 46 was established because the arrest occurred before sunset and the record showed a lady police officer was present. en-us Tue, 06 Feb 2024 00:00:00 +0530 Tue, 17 Sep 2024 20:36:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=457342 Section 41A operates as a mandatory safeguard against routine arrest: where a person has complied with notice, arrest can follow only if the officer records reasons supported by material showing lawful necessity. On the facts, the petitioners had appeared when called, no fresh material justified arrest after years of investigation, and the stated allegation of non-cooperation was insufficient; the arrest was therefore held illegal for breach of Sections 41A, 41 and 60A of the Code of Criminal Procedure, 1973. As to the woman petitioner, no breach of Section 46 was established because the arrest occurred before sunset and the record showed a lady police officer was present. Case-Laws Indian Laws Tue, 06 Feb 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=457342