Telangana High Court has observed that after issuance of notice under Section 41-A Cr.P.C., if the police feel that the accused has to be arrested, then, without obtaining permission from the Magistrate concerned, they cannot arrest the accused.
The Bench of Justice Lalitha Kanneganti observed thus while dealing with an anticipatory bail plea filed by the application in a case registered for the offences punishable under Sections 406, 420 read with Section 34 IPC.
Judgment- Syed Inayathullah vs The State Of Telangana
Source: www.livelaw.in