Charu Nilesh Patil v. State Of Maharashtra

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION ANTICIPATORY BAIL APPLICATION NO.1402 of 2022 Charu Nilesh Patil ..

Applicant

Versus

The State of Maharashtra ..

Respondent ...

Mr.Rajas A. Naik for the applicant.

Mrs.Anamika Malhotra, APP for the State.

CORAM: BHARATI DANGRE, J.

DATED : 14th JUNE, 2022 P.C:- The applicant is served with a notice u/s.41(1)(A) on 4/4/2022. Admittedly, she has not responded and attended to the Investigating Officer, with an apprehension that she may be arrested.

If a notice is issued u/s.41(1)(A) of Cr.P.C, it is imperative for the applicant to report to the Investigating Officer, who shall carry out a preliminary inquiry and arrive at a conclusion that arrest of the applicant is necessary, particularly in the case like this, when the applicant plead innocence and state that she is not at all concerned with the pleadings, resulting in Tilak

2/2 6 ABA 1402-22.doc invocation of Section 3 of the MPID Act, and she has been wrongly arraigned as an accused.

Let the applicant report to the Investigating Officer on 16/6/2022 in compliance to the notice issued on 4/4/2022 and co-operate with the Investigating Officer. In case, if the Investigating Officer is desirous of effecting the arrest, he shall give 48 hours notice to the applicant, so that she can avail the remedies available to her in law. Application is disposed off.

( SMT. BHARATI DANGRE, J.) Tilak