BASUDEV Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Additional Government Advocate. This writ petition has been filed for quashing an F.I.R. and staying the arrest of the petitioner in Case Crime No. 1567 of 2011, under Section 3/7 Essential Commodities Act, police station, Kotwali Nagar, District Budaun. It cannot be said that on the allegations in the FIR, no prima facie case is disclosed.

(2.) BY the amendment vide Act No. 5 of 2009, which has come into effect from 01.11.2010, it has been provided in Section 41(1)(b) Cr.P.C. that a person against whom credible information of being involved in a cognizable offence punishable with imprisonment of 7 years or less is reported to the police officer, the accused can only be arrested if the police officer is satisfied that:

(3.) THE present case is one punishable with imprisonment upto 7 years. The petitioner should, therefore has no apprehension that he would be arrested unless there are conditions justifying his arrest as mentioned above and provided under section 41(1)(b) Cr.P.C.