- (1.) Heard learned counsel for the petitioners and learned Additional Government Advocate appearing for the State.
(2.) This writ petition has been filed for quashing an F.I.R and staying arrest of the petitioner in Case Crime No. 138 of 2011, under Section 3/4 of Public Property (Prevention) of Damages Act, police station Mahavan, District Mathura.
(3.) 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 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 person is arrested, his presence in court could not be ensured and the police officer has to record the reasons in writing before making such arrest.;