The High Court of Judicature, Allahabad had disposed of the writ petition seeking quashing of the FIR on an order under the reason that a police officer is not required to always take compliance of Section 41-A of CrPC during the time of the arrest.
Background of the case
The petition seeks issuance of a writ in the nature of certiorari quashing First Information Report dated 31st August 2020 filed under Sections 3/7 Essential Commodities Act, 1955.
Submissions at the Court
The present case was taken through Video-conferencing mode. The counsel for the applicant and learned counsel for the state had gone through the FIR filed and the Petitioner(s) are apparently said to benefit under Section 41-A (Notice of appearance before the Police Officer) of CrPC. The learned counsel for the state had put forth the case, Arnesh Kumar V. State of Bihar, wherein the Supreme Court of India had said that if the offence(s) allegedly committed entail a sentence up to seven years, then the investigating officer shall ensure compliance of the provisions, 41 and 41-A of CrPC.
In view of the above submissions, the Bench of Justice Saurabh Lavania had stated that in reference to Arnesh Kumar’s case wherein the Supreme Court had said, a Police officer is not required to take compliance of the Section 41-A during all times of arrest and the police officer is required to issue notice directing the accused to appear before him at a specified place and time.
Law obliges such an accused to appear before the police officer and it further mandates that if such an accused complies with the terms of notice he shall not be arrested, unless, for reasons to be recorded, the police office is of the opinion that the arrest is necessary. And thus, the present case is to be disposed of in view of the aforementioned reasons.
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