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2017 Supreme(All) 1555

D.K.UPADHYAY, RAKESH SRIVASTAVA
Monu – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Appellant : Suresh Kumar Upadhyay and Sharad Nandan Ojha.
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. 202 of 2017, under Sections 452, 354 (B), 323, 504, 506 IPC, Police Station Inayatnagar, District Faizabad

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: -

“7. As the offence with which we are concerned in the present appeal, provides for a maximum punishment of imprisonment which may extend to seven years and fine, Section 41(1)(b), Cr.P.C. which is relevant for the purpose reads as follows: -

“41. When police may arrest without warrant.-- (1) Any police officer may without an order from a Magistrate and without a warrant, arrest any person-

(a) x x x x x x

(b) against whom a reasonable c


































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