Mamta Pandey (In Fir Mamta) v. State of U.P. Thru. Prin. Secy. Home and Another

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 7929 of 2023 Petitioner :- Mamta Pandey (In Fir Mamta) Respondent :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Petitioner :- Amarjeet Singh Rakhra,Bashisth Muni Mishra Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Karunesh Singh Pawar,J.

¶1Heard learned counsel for the petitioners, learned A.G.A for the State and perused the record.

¶2Under challenge in this petition is the F.I.R. No.0233 of 2023, under Sections 504 and 506 I.P.C., P.S. Hazratganj, District Lucknow.

¶3Learned counsel for the petitioner confines his prayer for issuing direction to the police authorities to follow the mandate of Section 41A Cr.P.C. for the reason that the offences mentioned in the impugned First Information Report carry the sentence of upto 7 years of imprisonment.

¶4Accordingly, we dispose of this petition with the direction to the police authorities concerned to follow the mandate of Section 41A Cr.P.C. and also the directions issued by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273. Order Date :- 12.10.2023 Madhu High Court of Judicature at Allahabad, Lucknow Bench