My father before two months charged with false IPC 420 and 406. Our lawyer put squash petition in high court. But court said that at this stage case can't be squashed but asked police to follow 41a crpc. My father is now absconded because of life threat but police asking our lawyer to give the information where we stay we want to give summons. Our problem is if we go to take summons to our town my father is having a life threat from that place......so please some one help me what. Step should be taken to save my father.
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1. Well t appears that you or your father wa not properly advised as he should have applied for bail first and then and then only should have filed quash petition.
2. However it is always better later than never. Apply for his anticipatory bail asap in default of which he would be put into more trouble .
3. After taking bail he can go for quashing or even remain outside the place where he is facing life threat.
1. Your entire legal strategy is flawed.
2. You should have first sought bail from the court and only thereafter gone for quashing.
3. In the absence of the protective cover of anticipatory bail your father can now be arrested at any time. If he is arrested it may be difficult for him to come out of jail any time soon.
4. Immediately apply for the anticipatory bail of your father lest he is arrested and put behind bars.
1. Whether police serves send summons under section 41a IPC or not you can file petition for AB.
2. There is no question of giving or allowing bail merely on receiving or refusing accepting such summons.
3. Ask him to apply for AB fast else grave danger is waiting for him.
Sir, I want to tell you the case briefly before police filed IPC 420 and 406 my father had filled insolvency petition . now my question is 1. My lawyer told told that once high court said to follow 41a crpc the lower court will not issue AB 2. Now my father is absconding because he is afraid o f police they may behave wrongly with him when he go to take summons of 41a crpc. 3. Please suggest me now what should I ask my lawyer to do now 4. If my father gets anticipatory bail whether he need to go to the local PS and sign there ??
1. AB is granted by sessions court or high court only. I wonder how could your lawyer say that it is granted by lower court which it can never does so.
2. That is why he is advised to apply for AB from high court.
3. Change this lawyer. He doesn't seem to have sound knowledge in matters of this nature.
4. After grant of AB he need not go unless the police asks for his presence for the purpose of investigation. After AN your father has nothing to worry from police.
Fear, elopement, absconding are not the real solution for facing a case if it is false case .Your father must have to cooperate in police investigations and comply with the terms of the notice.
41A. CrPC deals with Notice of appearance before police officer. –
(1) The police officer shall, in all cases where the arrest of a person is not required under the provisions of sub-section (1) of section 41, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion 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.”
Once if court grants ab to my father whether my father need to report in the particular before magistrate or the local PS fr submitting bail papers or not ??
Once the AB is granted your father needs to appear before the police for purpose of investigation. Further bail order will have to be placed on record before Magistrate.
Ideally he should.
However in the context of recent supreme court decision he can afford to wait till submission of chargesheet as the petitioner getting AB need not immediately go to Magistrate to regularise the bail. The Supreme Court removed the time limit to do so till the submission of charge sheet.
1. The lower court can and does grant anticipatory bail regardless of whether summons have been issued under 41A or not. There is no nexus between issuing of summons and grant of anticipatory bail by the court.
2. I reiterate that your father may be arrested if he does not have the protection of anticipatory bail.
3. File for anticipatory bail immediately.
After the AB is obtained by him he need not go to the police station until and unless his presence is requisitioned by police. He cannot then be arrested by the police on his appearance before it.
1. AB will not draw curtains on the case. The case would proceed on merits before the court.
2. As mentioned earlier, your father need not appear before police unless specifically told to appear. In so far as appearing before magistrate is concerned, he may have to appear at the time of charge sheet.
Hi
it is advisable to comply with the high court order to follow procedure under 41 A Crpc.
Now in this condition the police has the duty to ensure his safety as there is n order from the court.
if your dad is not presenting himself before the police the last part of 41-A shall be applied to him. 41-A Crpc clause 4, says-
(4) Where such person,at any time ,fails to comply with the terms of the notice ,it shall be
lawful for the police officer to arrest him for the offence mentioned in the notice ,subject
to such orders as may have been passed in this behalf by a competent Court .
Anticipatory bail shall not be entertained by sessions court as there is an existing compliance order by high court.
You can approach the high court again with anticipatory bail application as it can not collide with the existing order as it is your dad's right to apply for it . You should have tried first for the anticipatory bail instead of quash petition in this stage.
Absconding will not ensure any benefit as it will further take way the merit to get bail.
If you apprehend about the safety approach the high court on this ground, after getting an application for anticipatory bail rejected by the sessions court.
1. It is strange that your father has not availed AB but filed the quashed petition,
2. Ask him to file AB petition now,
3. After availing AB, let him take regular bail and face the case,
4. After charge sheet is filed,if any, quash petition should be filed.
1. First protect your father from being arrested by availing AB to be converted to regular bail,
2. After he is protected from being arrested, he can file any application and contest the case on merit,
3. He can also file an application for waiving attendance for the threat on his life.
1. AB is not granted by the lower court,
2. It is granted by the sessons court or the High Court,
3. Engage your lawyer anew,
4. Avail AB for your father after which he can attend the court.
1. He can appear before the Magiatrate to get regular bail which is suggested,
2. He can also wait till the chargesheet is filed.
Dear Querist
when the High Court passed an order to follow section 41A of Cr.P.C. the police have no right to arrest your father without issue the notice u/s 41A of Cr.P.C, when the police issue notice u/s 41A of Cr.P.C then your father may apply for Anticipatory Bail before session court or High Court with the facts of the case.
the bail may be grant with condition or without condition as the court think fit.
if there is any condition for appearing before PS & Co-operate with the investigation then when ever the IO will ask to join the investigation then your father have to appear before IO to join the investigation.
if there is any apprehension for life threat then there is always option for filing complaint before police or court for securing the law & order.
My lawyer is telling that once high court gave order to follow 41a crpc the lower court will not give anticipatory bail it will dismiss it . after few days we apply for anticipatory bail and next we will Go to high court ..and we will take guide lines that we can't attend for investigation in that place because even police is influenced by politician of our area . even we get bail we need to go there Nd sign in PS even it is danger for us. Is it a crime not taking summons of crpc section 41a??