SANJAY KUMAR Vs. STATE

JUDGEMENT

(1.) Crl. M.A.9440/2015 (for exemption)

(2.) Ld. Counsel appearing on behalf of the petitioner submits that petitioner is protected under Sections 41A of Cr.P.C and Police cannot arrest any accused without issuing notice under Sections 160 and 41A Cr.P.C. However, in the present case, IO has not issued such notice and petitioner never evades his arrest.

(3.) Ld. Counsel further submits that if any person is not directly involved in the case and his name came during the investigation, then the IO is supposed to issue notice to such person to join the investigation. If he fails to appear, only thereafter the IO can get the Non-Bailable Warrants against such person from the concerned Court. However, in the present case, petitioner is nowhere connected with the offence and his name came during the investigation. Therefore, the IO has surpassed all the provisions of law and the decision of various courts, whereby such procedure has been condemned.