Heard learned counsel for the petitioners and learned Additional Government Advocate.

2. This writ petition has been filed for quashing an FIR and staying the arrest of the petitioners in Case Crime No.187 of 2013, under Sections 147, 148, 342, 323, 504 and 354 IPC, Police Station Simbhawali, District Hapur.

3. It cannot be said that on the allegations in the FIR, no prima facie case is disclosed.

4. However, by the amendment vide Act No. 5 of 2009, which has been notified on 01.11.2010, it has been provided in Section 41(1) (b) Cr.P.C. that a person against whom credible information of being involved in a cognizable offence punishable with imprisonment of 7 years or less is reported to the police officer, the accused can only be arrested if the police officer is satisfied that:

(a) there is probability of the accused committing another offence,

(b) for proper investigation of the offence,

(c) to prevent such person from causing the evidence of the offence to disappear or his tampering with the evidence in any manner,

(d) to prevent such person from making any inducement, threat or promise to the witnesses to disclose such facts to the court or to the police,

(e) unless the person is arres

Click Here to Read the rest of this document