(i) 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.
(ii) 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.
(iii) Unless it is detrimental to the investigation, the police
officer may permit such rescheduling, however only for justifiable causes to be
recorded in the case diary. Should the investigating officer believe that such
extension is being sought to cause delay to the investigation or the suspect /
accused person is being evasive by seeking time, (subject to intimation to
the SHO / SP of the concerned Police Station), deny such request and
mandatorily require the said person to attend.
(iv)
A suspect / accused on formally receiving a notice under section 41A CrPC and
appearing before the concerned officer for investigation / interrogation at the
police station, may request the concerned IO for an acknowledgement,
(v)
In the event, the suspect / accused is directed to appear at a place other than
the police station (as envisaged under Section 41A(1)CrPC), the suspect will be
at liberty to get the acknowledgement receipt attested by an independent
witness if available at the spot in addition to getting the same attested by
the concerned investigating officer himself.
(vi)
A duly indexed booklet containing serially numbered notices in duplicate /
carbon copy format should be issued by the SHO of the Police Station to the
Investigating Officer.
The
Notice should necessarily contain the following details:
a
Serial Number
b
Case Number
c
Date and time of appearance
d
Consequences in the event of failure to comply
e
Acknowledgment slip
(vii)
The Investigating Officer shall follow the following procedure:-
a The original is served on the Accused/Suspect;
b A carbon copy (on white paper) is retained by the IO in his /
her case diary, which can be shown to the concerned Magistrate as and when
required;
c Used booklets are to be deposited by the IO with the SHO of the
Police Station who shall retain the same till the completion of the
investigation and submission of the final report under section 173 (2) of the
Cr.P.C.
d The Police department shall frame appropriate rules for the
preservation and destruction of such booklets
(viii) Procedure booklets in format identical to the above
prescription with modifications having regard to the statutory provisions in
the forms for the notices and acknowledgment shall be maintained.
(ix) Failure on the part of the 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.
(x) Publicity should be undertaken and pamphlets educating the
public at large, should be issued by the DCP of all Districts.
(xi) 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.
(xii) 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.”
(AMANDEEP SINGH JOHAR vs STATE
OF NCT OF DELHI & ANR W.P.(C) 7608/2017 Dated 7th February,
2018 ) Followed Arnesh Kumar vs State of Bihar (2014) 8 SCC 273.
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