Hon'ble Ajai Kumar Srivastava-I,J.
Heard learned counsel for the petitioner and learned A.G.A. for the State through Video Conferencing.
By means of this writ petition, the petitioner has prayed for quashing the impugned first information report registered as Case Crime No. 0079 of 2021, under Sections 498A, 323, 504, 316 I.P.C. and Section 3/4 of the D.P. Act, police station Khairighat, district Bahraich.
Learned counsel for the petitioner has stated that the petitioner is the mother-in-law of the informant. It is further submitted that she has wrongly been roped in the matrimonial dispute giving rise to the F.I.R.
On a careful consideration of the F.I.R., we are not convinced that the interference under Article 226 of the Constitution of India is called for once the F.I.R. discloses commission of cognizable offence. However, looking to the fact that the petitioner is a female and there is nobody to perform pairwi on her behalf, we hereby provide that in case the petitioner avails the remedy of anticipatory bail within a period of two weeks from today, the police authorities in that event shall not subject her to any coercive measure.
This order shall not operate beyond a period of two weeks and in the event of failure on the part of the petitioner to avail the remedy open to her under law, the prosecution shall be at liberty to act in accordance with law.
The writ petition is accordingly disposed of.
Order Date :- 26.5.2021 kanhaiya