SHAUKIN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Additional Government Advocate.

(2.) THIS writ petition has been filed for quashing an F.I.R in Case Crime No. 102 of 2011, under Sections 498A, 323, 504 IPC and 3/4 D.P. Act, police station Mahila Thana Lisadi, district Meerut.

(3.) ALSO under the newly introduced provision, Section 41 ACr.P.C. (which has also been added by Act No. 5 of 2009, effective from 1.11.2010), in all cases where the arrest of such an accused is not needed in view of the provisions of Section 41 (1) Cr.P.C., the police officer concerned is required to issue a notice directing the accused to appear before him at a specified place and time. However if at any time the accused fails to comply with the terms of the notice, or fails to identify himself, or the police officer is of the opinion that the arrest is required, he may arrest the said accused after recording his reasons for the same. The police powers of arrest will however be subject to any orders that may have been passed by the Competent Court.