https://www.taxtmi.com/caselaws?id=462554 Non-compliance with the statutory notice requirement under Section 41A CrPC was treated as affecting the accused's pre-arrest custody. In an application under Section 439 CrPC arising from allegations under Sections 420 and 408 IPC, the case diary showed that the petitioner was handed over to police by the complainant without service of the required notice. On that factual basis, the Gauhati HC found that the petitioner had been taken into custody without compliance with the prescribed pre-arrest procedure and held that he was entitled to bail. en-us Wed, 22 Feb 2023 00:00:00 +0530 Tue, 01 Jul 2025 19:08:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=462554 Non-compliance with the statutory notice requirement under Section 41A CrPC was treated as affecting the accused's pre-arrest custody. In an application under Section 439 CrPC arising from allegations under Sections 420 and 408 IPC, the case diary showed that the petitioner was handed over to police by the complainant without service of the required notice. On that factual basis, the Gauhati HC found that the petitioner had been taken into custody without compliance with the prescribed pre-arrest procedure and held that he was entitled to bail. Case-Laws Indian Laws Wed, 22 Feb 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=462554