- (1.) Heard learned counsel for the petitioners and learned Additional Government Advocate. This writ petition has been filed for quashing an F.I.R. and staying the arrest of the petitioners in case crime no.1086 of 2011, under Section 3/4 of D.P.Act, police station Karvi, district Chitrakoot.
(2.) By the amendment vide Act No.5 of 2009, which has come into effect from 1.11.2010, it has been provided in Section 41 (1) (b) Criminal Procedure Code 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 police officer, can only arrest an accused if he is satisfied that: (a) there is probability of the accused committing another offence, (b) for proper investigation of the offence, (c) to prevent such person from causing the evidence of the offence to disappear or his tampering with the evidence in any manner, (d) to prevent such person from making any inducement, threat or promise to the witnesses to disclose such facts to the court or to the police, (e) unless the persons are arrested, their presence in court cannot be ensured and the police officer has to record the reasons in writing before making such arrest.
(3.) The present case is one punishable with imprisonment upto 7 years. The petitioners should, therefore, have no apprehension that they would be arrested unless there are conditions justifying their arrest as mentioned above and provided under section 41 (1) (b) Criminal Procedure Code.;