CrPC Sec. 41A only for accused: Telangana High Court
Venkat’s counsel submitted that the police had called him to the police station several times.
Hyderabad: The Telangana High Court on Friday made it clear to the police that issuance of notice under Section 41A of CrPC does not arise in the case of persons who are not accused in a crime or named in an FIR.
This was stated by Justice A. Rajasheker Reddy who was hearing a petition by a senior citizen, Mr Gopu Raja Venkat, a resident of Khajaguda in Ranga Reddy district. Mr Venkat alleged that the Narsingi police had been harassing him in a land dispute case.He said that a case was lodged in June 2018 regarding transaction of a land parcel. However, he was neither the accused nor the co-accused in the FIR.
Mr Venkat’s counsel submitted that the police had called him to the police station several times. After the police was questioned, it issued notices under two different Sections of the CrPC — 41A and 160 — on the same day on May 20.He said the police had issued notice under Section 41-A even though there was no complaint made out against him and there was no credible information about his involvement in a crime, which was mandatory in such cases.
The police did not explain its stand in issuing of the notices and assistant government pleader, home, Gadipally Malla Reddy sought time to get instructions from the police.
Justice Rajasekher Reddy said issuance of notices to Mr Venkat under Section 41 CrPC was not valid and directed the police not to proceed with the petitioner under the guise of investigation.
The 1,200-square yard disputed land is located in Survey No. 243 of Manchirevula in Ranga Reddy district. There was a dispute between the GPA (general power of attorney) holder and developer, who cancelled the sale deed unilaterally. The GPA holder complained to the police against the developer, accusing him of attempting to occupy the land.