Pratibha Yadav and Another v. State of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. and 3 Others

Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 8834 of 2023 Petitioner :- Pratibha Yadav And Another Respondent :- State Of U.P Thru. Prin. Secy. Home Civil Secrt. Lko. And 3 Others Counsel for Petitioner :- Puneet Saxena,Sanjeev Kumar Singh Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Mrs. Jyotsna Sharma,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 First Information Report dated 18.03.2023, lodged as F.I.R. No.77 of 2023, under Sections 323, 504, 506 and 427 of the I.P.C., at P.S. Baldeerai, District Sultanpur.

¶3Learned 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.

¶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 :- 18.11.2023 Rahul High Court of Judicature at Allahabad, Lucknow Bench