SHIV KUMAR TIWARI Vs. STATE OF U.P.

JUDGEMENT

(1.) The petition seeks issuance of a writ in the nature of certiorari quashing First Information Report relating to Case Crime No. 313 of 2019, under Section 3/7 of Essential Commodities Act, 1955, related to P.S. Kurebhar, District Sultanpur.

(2.) We have gone through the contents of the impugned First Information Report.

(3.) Learned counsel appearing for the State states that the offence allegedly committed entail a sentence up to seven years. In such circumstances, the investigating officer shall ensure compliance of provisions of Section 41 and Section 41-A of the Code of Criminal Procedure as provided by Hon'ble Supreme Court of India in Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273.