Sections 420, 506 of the Indian Penal Code, 1860 and under Sections 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “S.C. and S.T. Act”). But no notice under Section 41-A Cr.P.C. was issued though it is mandatory in terms of Judgment in Arnesh Kumar v. State of Bihar and another1. Therefore, the respondents violated the guidelines issued by the Honourable Apex Court in Arnesh Kumar’s case (referred supra), prays to direct the respondents to issue notice under Section 41-A Cr.P.C. to this petitioner before taking further action during investigation.

 Sections 420, 506 of the Indian Penal Code, 1860 and under Sections 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “S.C. and S.T. Act”). But no notice under Section 41-A Cr.P.C. was issued though it is mandatory in terms of Judgment in Arnesh Kumar v. State of Bihar and another1. Therefore, the respondents violated the guidelines issued by the Honourable Apex Court in Arnesh Kumar’s case (referred supra), prays to direct the respondents to issue notice under Section 41-A Cr.P.C. to this petitioner before taking further action during investigation. 

AP HIGHCOURT

Main Number	WP 14020/2020	SR Number	WPSR 17348/2020
Petitioner	SHAIK ALLABI	Respondent	THE STATE OF AP
Petitioner Advocate	G V L MURHTY	Respondent Advocate	GP FOR HOME

THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.14020 OF 2020
ORDER:-
This Writ Petition is filed under Article 226 of Constitution of
India, to declare the action of the respondents in not issuing the
notice under Section 41-A of Code of Criminal Procedure, 1973 (for
short “Cr.P.C.”), as illegal and arbitrary and consequently direct
the 4th respondent to issue notice under Section 41-A Cr.P.C. in
case the police intended to arrest the petitioner.
2. The main grievance of the petitioner is that the petitioner
filed a case against the accused in Crime No.4 of 2020 of Gurazala
Town Police Station of Guntur District for the offences punishable
under Sections 420, 506 of the Indian Penal Code, 1860 and under
Sections 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989 (for short “S.C. and S.T.
Act”). But no notice under Section 41-A Cr.P.C. was issued though
it is mandatory in terms of Judgment in Arnesh Kumar v. State
of Bihar and another1. Therefore, the respondents violated the
guidelines issued by the Honourable Apex Court in Arnesh
Kumar’s case (referred supra), prays to direct the respondents to
issue notice under Section 41-A Cr.P.C. to this petitioner before
taking further action during investigation.
3. Learned counsel for the petitioner Sri G.V.L. Murthy
reiterated the contention, whereas learned Assistant Government
Pleader for Home contended that in S.C. and S.T. cases, the
accused are insisting the victims to compromise and there is a

1
(2014) 8 SCC 273
2
possibility of threatening the victim in this case in case the
procedure under Section 41-A Cr.P.C. is followed. However,
requested to give liberty to follow the procedure under Section 41-
B Cr.P.C. also in case of non-cooperation of this petitioner during
investigation.
4. According to the guidelines issued by the Honourable Apex
Court in Arnesh Kumar’s case (referred supra), where the
accused allegedly committed an offence which is punishable with
imprisonment for less than seven years, the police has to issue a
notice under Section 41-A Cr.P.C. which is mandatory and failure
of it may lead to contempt of court being filed before the
jurisdictional High Court. But in the present case, admittedly no
notice under Section 41-A Cr.P.C. was issued on the apprehension
that there is a possibility of interfering with investigation, threaten
the victims to compromise with this petitioner. But this
apprehension is misplaced. However, if the respondent-police are
bound to follow the guidelines issued by the Honourable Apex
Court in Arnesh Kumar’s case (referred supra) and in the event of
failure to follow the guidelines, the aggrieved party may take
appropriate action by filing contempt of court before the
jurisdictional High Court. Mere issue of notice under Section 41-A
Cr.P.C. will not preclude the police to take appropriate action
under Section 41-B(b)(ii) Cr.P.C. Hence I find that it is a fit case to
issue a direction to the respondent-police to issue notice under
Section 41-A Cr.P.C. and in the event of any interference with the
investigation by this petitioner or non-cooperation by this
petitioner, the respondent-police are at liberty to follow the
procedure under Section 41-B(b)(ii) Cr.P.C.
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5. With the above direction, the Writ Petition is disposed of at
the stage of admission with the consent of both the counsel. There
shall be no order as to costs.
Miscellaneous petitions pending if any, in this Writ Petition,
shall stand closed.
 _________________________________________
 JUSTICE M.SATYANARAYANA MURTHY
Date : 24-08-2020
ARR

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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.14020 OF 2020
Date : 24-08-2020
ARR