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2017 Supreme(All) 1414

AJAI LAMBA, VIJAY LAXMI
Narendra Singh Rawat – Appellant
Versus
State of U. P. Thru. Prin. Secy. Home – Respondent


Advocates Appeared:
For the Petitioner: Dr. Aniruddha Kumar Singh, Kalika Prasad Sharma, Santosh Kumar Tripathi
For the Respondent:Govt. Advocate

JUDGMENT

1. The petition seeks issuance of a writ in the nature of certiorari quashing First Information Report bearing Case Crime No.0002 of 2017, under Section 3 /7 Essential Commodities Act, Police Station - Lonikatra, District - Barabanki.

2. Learned counsel appearing for the State states that the offence(s) allegedly committed entail a sentence up to seven years. In such circumstances, the investigating officer shall ensure compliance of provisions of Section 41 and Section 41 -A of the Code of Criminal Procedure as provided by Hon?ble Supreme Court of India in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 .

3. We have considered the stand of learned counsel for the State. In Arnesh Kumar?s case(supra) the following(relevant portion) has been held: -

?6. Law Commissions, Police Commissions and this Court in a large number of judgments emphasized the need to maintain a balance between individual liberty and societal order while exercising the power of arrest. Police officers make arrest as they believe that they possess the power to do so. As the arrest curtails freedom, brings humiliation and casts scars forever, we feel differently. We believe that no arrest should be made on




























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