1. The petition seeks issuance of a writ in the nature of certiorari quashing First Information Report bearing Case Crime No.86 of 2017, under Sections 406, 420 I.P.C., Police Station Jankipuram, 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 v. 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: -

‘9. Another provision i.e. Section 41A Cr.PC aimed to avoid unnecessary arrest or threat of arrest looming large on accused requires to be vitalised. Section 41A as inserted by Section 6 of the Code of Criminal Procedure (Amendment) Act, 2008 (Act 5 of 2009), which is relevant in the context reads as follows:

‘41A. Notice of appearance before police officer.--

(1) The police officer shall, in all cases where the arrest of a person is not required under t