The Allahabad High court while explaining the meaning of the amended provisions 41(I)(b) and 41 A Cr.P.C has passed several directions to stop the routinely and arbitrary arrest of accused involved in offences punishable with up to 7 years imprisonment.
The Applicant has approached the court and prayed to issue a writ order or direction in the nature of certiorari quashing the impugned First Information Report lodged against petitioner under sections 498-A IPC and section ¾ Dowry Prohibition Act, at Police Station Kotwali Nagar, District Etah.
It has submitted by counsel on behalf of the petitioners that the marriage of daughter of respondent was fixed with the petitioner and after Ring ceremony respondent with the ulterior motive, demanded money from the petitioners for solemnizing the marriage with her daughter with petitioner and stated that if the same was not fulfilled then petitioners would be falsely dragged in a criminal case, present malicious prosecution has been launched by the respondent.
It has further submitted by counsel for the petitioner that all the offences are punishable with incarceration below 7 years but the police of concerned police stations are regularly visiting the house of petitioners under the influence of respondents. It is further submitted that under the provisions of Sections 204, S41(1)(b), S.41(1)(b)(ii)(e), S.41(a) of the Cr.P.C. police cannot arrest the petitioners without giving notice and without and without collecting any credible evidence against the petitioners the police cannot arrest the accused.