- (1.) HEARD learned counsel for the petitioners, Sri Santosh Kumar Chaubey, learned counsel for the complainant and learned Additional Government Advocate. This writ petition has been filed for quashing an FIR and staying the arrest of the petitioner in Case Crime No. 818 of 2011, under Section 3(1) of Lok Sampatti Chhati Nivaran Adhiniyam, police station Sadat, district Ghazipur.
(2.) IT cannot be said that on the allegations in the FIR, no prima facie case is disclosed. However, by the amendment vide Act No. 5 of 2009, which has been notified on 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: (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.
(3.) THE present case is one punishable with imprisonment up to 7 years. The petitioner should, therefore have 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.;