UMESH RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under Article 226 of the Constitution of India has been filed by the petitioner for quashing the notice dated 16.03.2019 issued by the Assistant Sub-Inspector of Police of Motipur Police Station, Muzaffarpur issued under Section 41A of the Code of Criminal Procedure (for short ' Cr.P.C ') whereby the respondent no.7, who has been made accused in Motipur P.S.Case No. 61 of 2019 dated 08.02.2019 registered under Sections 341 , 323 , 504 and 504 of the Indian Penal Code and Section 3(1)(r)(s) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , has been directed to appear for the purpose of inquiry in course of investigation at 10.00 a.m. on 18.03.2019.

(2.) It is submitted by the learned counsel for the petitioner that the investigating officer of the case has sent the said notice to the respondent no.7 in order to help him. He has contended that the gravity of the offence required immediate arrest of the respondent no.7, but in collusion with the accused, the investigating officer after issuing notice to him has failed to arrest him when he appeared before the police pursuant to the notice.

(3.) Per contra, learned counsel appearing for the State submitted that the statutory provisions prescribed under Section 41A of the Cr.P.C confers power upon the police officer to issue notice directing the persons against whom reasonable complaint is made or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence to appear before him. He has contended that by issuing notice the investigating officer has committed no illegality.