TaxTMI 
TaxTMI 
2018 (2) TMI 2078
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....an Penal Code. 2. It is stated in the writ petition that the petitioner was regularly summoned to the Police Station to join investigations, without a single written notice under Section 41A of the CrPC being served upon him. As such, the petitioner complains that he joined investigation on eight dates which have been detailed in para 9 of the writ petition. 3. Grievance stands made that several documents relied upon by the petitioner in his defence which were tendered by him during the proceedings before the Crime Against Women Cell during the investigation. No receipt thereof was given to the petitioner and these documents having a critical bearing on the case were not made part of the record by the police. In those above circumstances, the petitioner had no material or evidence to support his contention that he had regularly joined investigation and also that he had tendered several documents which manifested that he was innocent in the case. 4. Amongst the documents relied upon by the petitioner as having been handed over to the police are details of the recovery memo; list of stridhan articles, text messages exchanged between the petitioner and her investigating of....
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....n exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice. (2) Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice. (3) Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested. (4) Where such person, at any time, fails to comply with the terms of the notice or is unwilling to identify himself, the police officer may, subject to such orders as may have been passed by a competent Court in this behalf, arrest him for the offence mentioned in the notice." 91. Summons to produce document or other thing. (1) Whenever any Court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or suc....
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....al charge or to a penalty or forfeiture. (2) If the facts do not disclose a cognizable offence to which section 170 applies, such persons shall not be required by the police officer to attend a Magistrate' s Court." (Emphasis supplied) 9. Pursuant to the notices issued by this court, the respondents have entered appearance. Appearing for the Delhi Police, Mr. Satyakam, learned ASC for the Govt. of NCT of Delhi has staunchly disputed the factual narration. This court is not examining either the grievances of the petitioner regarding the treatment by the Delhi Police or his defence on the merits in respect of the complaints against him. We make it clear that we are not expressing any opinion on the merits of the factual narration made by the petitioner, either with regard to the complaints made against him by his wife and in-laws or his complaints and allegations against the Delhi Police. 10. We may note that the writ petitioner has also categorically stated that this writ petition is being filed purely in public interest. 11. Be that as it may, the issues raised by the petitioner are of seminal importance and impact the working of the Delhi Police and the ri....
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....tices under Section 41A CrPC (in the prescribed format) formally to be served in the manner and in accordance with the terms of the provisions contained in Chapter VI of the Code. Model form of notice under Section 41A CrPC is reproduced herein below:- "MODEL SECTION 41A CrPC NOTICE Sr.No............. Police Station ................. To, [Name of Accused/Noticee] [Last Known Address] [Phone No./Email ID (if any)] Notice under Section 41(A) Cr.P.C. In exercise of the powers conferred under subsection (1) of section 41A of Cr.P.C., I hereby inform you that during the investigation of FIR/Case No. ................... dated .......... u/s ............registered at SV & ACB Police Station ................, it is revealed that there are reasonable grounds to question you to ascertain facts and circumstances from you, in relation to the present investigation. Hence you are directed to appear before me at ....... am/pm on ...... at ..........Police Station. You are directed to comply with all and/or the following directions :- (a) You will not commit any offence in future. (b) You will ....
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....sp; [Signature of IO]" (ii) The concerned suspect / accused person will necessarily need to comply with the terms of the notice under section 41 A and attend at the requisite time and place. (iii) Should the accused be unable to attend at the time for any valid and justifiable reason, the accused should in writing immediately, intimate the investigating officer and seek an alternative time within a reasonable period, which should ideally not accede a period of four working days, from the date on which he / she were required to attend, unless he is unable to show justifiable cause for such non-attendance. (iv) Unless it is detrimental to the investiga....
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.... IO to comply with the mandate of the provisions of the Cr.P.C and the above procedure shall render him liable to appropriate disciplinary proceedings under the applicable rules and regulations as well as contempt of Court in terms of the directions of the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273. (xi) Publicity should be undertaken and pamphlets educating the public at large, should be issued by the DCP of all Districts. (xii) The above information should be displayed at prominent places in Police stations, the subordinate courts and the High Court and made available to with the State and District Legal Services Authorities, to inform the public of their rights and recourses available to them. (xiii) Training programmes be specially formulated for Police Officers and Judicial Officers to sensitize them towards effective compliance of Section 41A, 91, 160 and 175 of the CrPC." 16. It is directed that the above procedure shall apply also to the working of Sections 91, 160 and 175 of the CrPC as well. The above procedure shall be mandatorily followed by the Delhi Police when working the requirements of all the....