Naaz Bi v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 7979 of 2023 Petitioner :- Naaz Bi Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Mohd Fahim Counsel for Respondent :- G.A.,Ajay Kumar Chuabey,Sarvesh Kumar Verma Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Mrs. Renu Agarwal,J. Heard learned counsel for the petitioner, learned A.G.A. for the State/respondents and perused the material placed on record. Under challenge in this petition is the First Information Report dated 20.09.2023, registered as F.I.R./Case Crime No.478/2023, under Sections 406/420 IPC Police Station Shahbad District - Hardoi. Learned counsel for the petitioners 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. Accordingly, 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 :- 30.10.2023 Nadeem/ Karan High Court of Judicature at Allahabad, Lucknow Bench