ABDUL HAMEED Vs. STATE OF U.P.

JUDGEMENT

(1.) The petition seeks issuance of a writ in the nature of certiorari quashing First Information Report bearing Case Crime No.88 of 2017, under Sec. 3/7 of Essential Commodity Act, Police Station Gosaiganj, District Sultanpur.

(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 Sec. 41 and Sec. 41-A of the Code of Criminal Procedure as provided by Honourable Supreme Court of India in Arnesh Kumar Vs. 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 :-