1. Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure making a sole prayer that offence under Sections 420 and 34 of the IPC and Section 3/7 of the Essential Commodities Act, 1955 registered at Crime No. 342/2023 against him at Police Station Sarni District Betul.

2. Counsel for the petitioner submitted that directions issued by Supreme Court in case of Arnesh Kumar Vs. State of Bihar reported in 2014 (8) SCC 273 will be applicable in the case as offence is punishable up to 7 years of sentence. In these circumstances, respondents may be directed to follow the directions issued by Apex Court in the case Arnesh Kumar (supra)

3. Govt. Advocate appearing for the State do not object to the said proposition and submitted that case of Arnesh Kumar (supra) will be applicable if sentence is less than 7 years and respondents are duty bound to comply with orders of Apex Court.

4. Heard learned counsel for the parties.

5. Considering the aforesaid circumstances of the case, petition is disposed off directing respondents to comply with the directions issued by Apex Court in case of Arnesh Kumar (supra). For benefit of respondents, directions issued by Apex Court in case of Arnesh Kumar (supra) is quoted as under:-

6. Supreme Court in case of Arnesh Kumar (supra) has given following directions :-

"11. Our endeavour in this judgment is to ensure that police officers do not arrest accused unnecessarily and Magistrate do not authorise detention casually and mechanically. In order to ensure what we have observed above, we give the following direction:

11.1. All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A of the IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41, Cr.PC;

11.2. All police officers be provided with a check list containing specified sub- clauses under Section 41(1)(b)(ii);

11.3. The police officer shall forward the check list duly filed and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention;

11.4. The Magistrate while authorising detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorise detention;

11.5. The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of police of the district for the reasons to be recorded in writing;

11.6. Notice of appearance in terms of Section 41A of Cr.PC be served on the accused within two weeks from the date of institution of the c a s e , which may be extended by the Superintendent of Police of the District for the reasons to be recorded in writing;

11.7. Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before High Court having territorial jurisdiction.

11.8. Authorising detention without recording reasons as aforesaid by the judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court."

7. In view of the aforesaid, petition is disposed off.