Can't presume person is fleeing from justice when Section 41A CrPC notice is issued after person has left the country: Delhi High Court

The Delhi High Court has held that when notice under Section 41A of the Code of Criminal Procedure (CrPC) for appearance before police officer is issued after a person has already left the country, it cannot be presumed that the person is fleeing from justice and evading the process of law (Amit Mavi v. State)..The ruling was given by a single-judge Bench of Justice Anu Malhotra while dealing with a petition challenging the cancellation of non-bailable warrants issued against the petitioner in relation to an FIR against him by the Economic Offences Wing (EOW) of the Delhi Police..Prior to moving the High Court, the petitioner had moved the trial court for cancellation of non-bailable warrants and setting aside of the process issued under Section 482 CrPC. The same was, however, declined..The State argued that the petitioner could not invoke the provisions of Section 482 CrPC in the present instance, and that the appropriate remedy would be to seek anticipatory bail..It was said that the petitioner left the country a day after the EOW complaint was made against him and that it was false premise made by the petitioner that he could not return in view of the COVID-19 pandemic..The petitioner stated that he had been repeatedly making a request to join the investigation of the case through video conference as he was in France and would return once vaccinated. .It was also pointed out that the investigating agency claimed that he was evasive and sought his physical presence on the ground that it was not possible to take "subsequent action" against him through video conference. This, the petitioner said, was against his right of silence against self-incrimination under Article 20(3) of the Constitution of India..The Court firstly held that the petition challenging the non-bailable warrants under Section 482 CrPC was maintainable. .It went on to state that the purpose of investigation under Section 41A CrPC was for the appearance of a person in furtherance of the investigation."In as much as no notice had been issued prior to 02.09.2020 to the applicant, it cannot be presumed that the petitioner was fleeing from justice and evading the process of law. The purpose of NBWs, a Section 41A of the Cr.PC, 1973 notice and proceedings under Section 82 of the Cr.PC, 1973 are only to compel the person alleged of a commission of an offence to join the investigation as also to face trial before the Court," the order said..Considering that the petitioner undertook to join the investigation and that there was no prohibition to travel back from France to India presently, the Court directed him to appear before the investigating officer at EOW Office, Mandir Marg on April 30. ."In the event of such appearance of the petitioner, the petitioner be not arrested on that date without further prayer made to the learned trial Court," the Court added. .The Court directed that the non-bailable warrant be kept in abeyance subject to his appearance, and asked the petitioner to join the investigation virtually in the meantime. .Advocates Nishaank Mattoo and Prateek Gautam appeared for the petitioner. APP Hirein Sharma appeared for State. .[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.