Journalist Issued 41A CrPC Notice Without Registering FIR: Karnataka High Court Orders Personal Appearance Of Station House Officer

The Karnataka High Court has ordered the personal appearance of the Station House Officer or the signatory of a notice issued under Section 41A of the CrPC to journalist Tavaragi Shivaprasad Rajashekhar without registration of any FIR against him. The Court also stayed the notice. 

The Bench of Justice M. Nagaprasanna, yesterday, ordered the officer concerned to appear before the Court on June 21 at 2.30 pm.  "There is not even a semblance of procedure followed in the case at hand", the Court observed in its order. 

Senior Advocate Aruna Shyam M appeared for the Petitioner journalist who had approached the Court challenging the notice issued to him. The Court overruled the office objection regarding the maintainability of the Writ Petition.

The Petitioner produced the notice issued to him and contended that the Section 41A notice calls upon him to appear before the Station House Officer of Amruthahalli Police Station, Bengaluru. It was submitted that the notice does not refer to any crime registered much less against the petitioner, for him to be summoned. 

"A bald notice under Section 41A of the Cr.P.C. is issued to the petitioner", it was argued on behalf of the Petitioner.  The Court was told that a second notice under the same provision was issued to him the same day morning. It was also argued that without registering any crime against the Petitioner, as found in Section 41A of CrPC, a summoning cannot kick in.

"Therefore, there shall be an interim order of stay of the notice dated 06.06.2024 or any other notice issued to the petitioner in the aftermath of the notice dated 06.06.2024", the Court ordered. 

 The Court further ordered, "There is not even a semblance of procedure followed in the case at hand. The Station House Officer or the signatory to Section 41A notice shall be present before the Court on 21.06.2024 at 2.30 p.m. List the matter on 21.06.2024 at 2.30 p.m." 

Cause Title: Sri. Tavaragi Shivaprasad Rajashekhar v. State of Karnataka (WP 15125/2024)