Smt. Jamvanti Tiwari and Another v. State of U.P. Thru. Prin. Secy. Home and Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 1808 of 2023 Petitioner :- Smt. Jamvanti Tiwari And Another Respondent :- State Of U.P. Thru. Prin. Secy. Home And Others Counsel for Petitioner :- Surendra Kumar Mishra Counsel for Respondent :- G.A.,Shivesh Nath Dubey Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Narendra Kumar Johari,J.

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

(2) Under challenge in this petition is the First Information Report dated 16.02.2023 lodged at F.I.R. No.0044, under Sections 420, 406, 504, 506 I.P.C., at P.S. Indira Nagar, District Lucknow.

(3) This Court has seen the Mediation Center's Report dated 27.04.2023. The Mediation has failed between the parties.

(4) 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.

(5) 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 :- 17.11.2023 N.PAL High Court of Judicature at Allahabad, Lucknow Bench