PRADEEP SIKARWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) has been filed seeking a direction to the police authorities to issue a notice under Sec. 41-A of Cr.P.C. The petitioner further seeks an order for release on bail, as the alleged offence under Sec. 406 of the IPC carries a maximum sentence of three years.

(2.) Counsel for the petitioner submits that an FIR, bearing Crime No. 23 of 2024, has been registered against the petitioner for an offence under Sec. 406 of the IPC, which carries a maximum sentence of three years. It is submitted that without serving a notice under Sec. 41-A of the Cr.P.C., the police are attempting to arrest the petitioner, which is contrary to the settled legal proposition. In such circumstances, he prays for a direction to the respondent authorities to conduct a free and impartial investigation.

(3.) Learned Public Prosecutor for State has opposed the prayer. However, it is the duty of the prosecution to conduct fair and impartial investigation and also he fairly assured that fair investigation shall be carried out by the police authorities.