Hon'ble Ajai Kumar Srivastava-I,J.
Heard learned counsel for the petitioner and learned AGA for the State through Video Conferencing.
By means of this writ petition the petitioner has assailed the FIR dated 22.05.2021 registered as case crime no.131 of 2021 under Section 306 IPC at Police Station Indira Nagar District Lucknow.
It is submitted that as per the documents placed on record contained in annexure no.4 to the writ petition, the petitioner is suffering from Covid-19 on account of which she is not able to avail the alternative remedy of anticipatory bail.
Learned counsel for the petitioner however could not demonstrate the interference under Article 226 of the Constitution of India is called for once the contents of the FIR make out a cognizable offence.
It is well settled that the interference under Article 226 of the Constitution of India is uncalled for when the FIR discloses a commission of cognizable offence. The petitioner, however, has placed on record a document i.e.annexure no.4 to the writ petition showing that she is suffering from covid-19.
We thus decline to entertain the writ petition, however, looking to the fact that the petitioner is suffering from Covid-19 which necessarily shall take some time to recover, therefore, the statutory remedy of anticipatory bail is permitted to be availed of within a period of three weeks' from today under Section 438 Cr.P.C failing which the police authorities shall proceed in accordance with law.
The writ petition is accordingly dismissed.
Order Date :- 28.5.2021 Shahnaz