Big order of Supreme Court. file photo
Digital Desk, New Delhi. The Supreme Court has given a big verdict on the FIR. The Supreme Court has ordered the High Court that while quashing the FIR, it cannot order the police to follow Section 41A of CrPC.
The Supreme Court has given this decision during the hearing on the case of Telangana High Court. The Supreme Court says, if the High Court cancels an FIR, then it does not have the right to order the police to follow Section 41A of the Code of Criminal Procedure (now Section 35 of the Indian Civil Defense Code).
Bench of 2 judges gave its verdict
The Supreme Court has made it clear that if an accused appears regularly in response to the notice under Section 41A of CrPC, then it is not necessary to arrest him. This is a kind of interim relief, which will not be valid in case of cancellation of FIR.
In the Supreme Court, a two-judge bench of Justice JB Pardiwala and Justice Satish Chandra Sharma heard this case. He said, "If a petition demands quashing of the FIR, the court should not pass orders directing the investigating officers to follow the provisions of Section 41A of CrPC."
What is Section 41A of CrPC?
Under Section 41A of the CrPC (now Section 35 of the Indian Civil Defense Code), the police can order the production of a person without arresting him for cognizable offences. The purpose of this law is to prevent arbitrary arrests.
Case related to Telangana HC
In fact, Telangana High Court, while canceling an FIR, had ordered the police to follow Section 41A of CrPC. This order of the High Court was challenged in the Supreme Court, hearing which the Supreme Court has issued this order for all the High Courts.
Chyawanprash is a part of every Indian's life, it reduces diseases and increases energy.