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2017 Supreme(All) 1418

AJAI LAMBA, VIJAY LAXMI
Ankush Agrawal – Appellant
Versus
State of U. P. Thru. Pri. Secy. Home – Respondent


Advocates Appeared:
For the Petitioner: Ram Naresh Yadav
For the Respondent:Govt. Advocate

JUDGMENT

1. The petition seeks issuance of a writ in the nature of certiorari quashing F.I.R./Case Crime No.238 of 2014, under Sections 147, 452, 427, 323, 506 I.P.C., Police Station Vibhuti Khand, District Lucknow.

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 only because the offence is



























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