The Telangana High Court while considering a Pre-arrest bail application has issued a significant order on arrest of an accused after issuance of notice under Section 41-A of Cr.PC.
Justice Lalitha Kanneganti ruled that:
It is appropriate to mention that after issuance of notice under Section 41-A Cr.P.C., if the police feels that the accused has to be arrested, without obtaining the permission from the Magistrate concerned, they cannot arrest the accused.
The High Court was hearing a Pre-Arrest bail application for the offences punishable under Sections 406, 420 read with Section 34 IPC.
Counsel for the petitioner Mr.Rajender Khanna, submitted that in earlier Petition filed by petitioner for pre-arrest bail, this Court has directed the police concerned to follow the procedure under Section 41-A Cr.P.C., and the guidelines formulated by the Supreme Court in Arnesh Kumar v. State of Bihar .
He submitted that after disposal of the said petition, petitioner was issued notice under Section 41-A Cr.P.C., and he has appeared before the police on two occasions, and whenever he appeared before them, there was no receipt of acknowledgment from the police and he was constrained to sent all the relevant material to the Director General of Police as well as Commissioner of Police.
Counsel added that that in all the cases where notice under Section 41-A Cr.P.C., was issued, the police are not issuing any acknowledgment and some times, they are coming up saying that the accused is not cooperating with the investigation and taking steps to arrest the accused, and hence, the petitioner’s case may be considered for grant of pre-arrest bail.
On the other hand, Assistant Public Prosecutor submitted the police have issued notice under Section 41-A Cr.P.C., and they are already following the guidelines formulated by the Apex Court in Arnesh Kumar’s case (supra).
After hearing the Court observed:
This Court has already directed the Director General of Police to frame guidelines with regard to issuance of acknowledgment in the cases where accused appears before the police under Section 41-A Cr.P.C., and the same cannot be at the whims and fancies of the police. If the accused feels that the police failed to follow the procedure under Section 41-A Cr.P.C. or the guidelines of the Apex Court in Arnesh Kumar’s case (supra), they could as well come before this Court by filing contempt petition against the concerned police officer with relevant material to substantiate their allegations, but on this basis, they cannot seek anticipatory bail.
Accordingly, the Criminal Petition was disposed of, directing the police concerned to follow the procedure as contemplated under Section 41-A Cr.P.C., and the guidelines formulated by the Apex Court in Arnesh Kumar’s case (supra).
Source: https://lawtrend.in/after-issuance-of-notice-under-41-a-crpc-police-cannot-arrest-without-magistrates-permission-rules-hc-know-more/
Philosophy is the discipline that studies fundamental and universal questions, including existence, cognition, values, mind, and language. It covers a vast number of topics and issues, ranging from ethics and politicians to metaphysics and logic. Here are the main nuances of philosophy:
1. Definition of Philosophy
Philosophy comes from the Greek words “philos” (love) and “sophia” (wisdom). It is zeal to understand and make sense of the world around us and our place in it.
2. The Main branches of philosophy
– Ontology the study of the essence of being and existence.
– Epistemology the study of the nature and limits of knowledge.
– Ethics the analysis of ethical principles and concepts of good and evil.
– Logic research of the forms and principles of correct thinking.
– Socio-political philosophy the study of questions of power, justice and the state.
3. Eminent Philosophers
During the history of philosophy, many thinkers have made meaningful contributions to this science. Some of the most famous include:
– Socrates, considered the founder of Western philosophy.
– Plato, a pupil of Socrates, developed the doctrine of forms.
– Aristotle, the creator of logic and a huge number of scientific fields.
– Immanuel Kant, known for his own James Joyce critical philosophy and work on moral issues.
4. The Relevance of Philosophy in the Modern World
Philosophy remains relevant in the modern world since enables people to understand difficult social and moral issues, also develops critical thinking. It influences the legal system, politicians, and various fields of science.
5. Practical Applications of Philosophy
Philosophical ideas penetrate everyday life. Ethical reflection helps people do the correct thing in complex situations, and philosophical analysis contributes to greatest understanding of issues related to technology, art, and social justice.
Philosophy is not only an academic discipline, but also method of thinking assists us to understand life’s complexities and make informed choices.
Philosophy is the discipline that studies major and universal questions, such as existence, cognition, values, mind, and language. It covers many subjects and problems, from ethics and political figures to metaphysics and logic. Here are the main aspects of philosophy:
1. Definition of Philosophy
Philosophy comes from the Greek words “philos” (love) and “sophia” (wisdom). It is zeal to understand and make sense of the world around us and our place in it.
2. The Main branches of philosophy
– Ontology the study of the essence of being and existence.
– Epistemology the study of the nature and limits of cognition.
– Ethics the analysis of ethical principles and concepts of good and evil.
– Logic research of the forms and principles of correct thinking.
– Political philosophy the study of questions of power, justice and the state.
3. Eminent Philosophers
In the course of the history of philosophy, almost many thinkers have made weighty contributions to this science. Some of the most famous include:
– Socrates, considered the progenitor of Western philosophy.
– Plato, a pupil of Socrates, developed the doctrine of forms.
– Aristotle, the creator of logic and many of scientific fields.
– Immanuel Kant, known for his own Marcel Proust critical philosophy and work on moral issues.
4. The Relevance of Philosophy in the Modern World
Philosophy remains relevant in the modern world as enables people to understand complex social and ethical issues, also develops critical thinking. It affects the legal system, politicians, and different fields of science.
5. Practical Applications of Philosophy
Philosophical ideas penetrate daily life. Ethical reflection helps people do the right thing in complex situations, and philosophical analysis contributes to better understanding of problems related to technology, art, and social justice.
Philosophy is including an academic discipline, as well as method of thinking assists us to understand life’s complexities and make informed choices.
Philosophy is the discipline that studies major and universal questions, including existence, knowledge, values, reason, and language. It encompasses many subjects and issues, from ethics and politicians to metaphysics and logic. Here are principal nuances of philosophy:
1. Definition of Philosophy
Philosophy comes from the Greek words “philos” (love) and “sophia” (wisdom). It is zeal to understand and make sense of the world around us and our place in it.
2. The Main branches of philosophy
– Ontology the study of the essence of being and existence.
– Epistemology the study of the nature and limits of knowledge.
– Ethics the analysis of moral principles and concepts of good and evil.
– Logic the study of the forms and principles of correct thinking.
– Socio-political philosophy the study of questions of power, justice and the state.
3. Notable Philosophers
Throughout the history of philosophy, many thinkers have made weighty contributions to this science. Some of the most famous include:
– Socrates, considered the progenitor of Western philosophy.
– Plato, a pupil of Socrates, developed the doctrine of forms.
– Aristotle, the creator of logic and a large number of scientific fields.
– Immanuel Kant, known for his own Henry Miller critical philosophy and work on moral issues.
4. The Relevance of Philosophy in the Modern World
Philosophy remains relevant in the modern world since it helps people to understand difficult social and moral issues, but also develops critical thinking. It influences the legal system, politicians, and various fields of science.
5. Practical Applications of Philosophy
Philosophical ideas penetrate everyday life. Ethical reflection helps people do the right thing in difficult situations, and philosophical analysis contributes to best understanding of problems related to technology, art, and social justice.
Philosophy is not only an academic discipline, but also a way of thinking assists us to understand life’s complexities and make informed choices.