Court No. - 20 Case :- MISC. BENCH No. - 6927 of 2010 Petitioner :- Smt. Akhtar Respondent :- State Of U.P.,Thru. Secretary, Home & Others Petitioner Counsel :- H.A. Alvi,Rakesh Kumar Verma Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Hon’ble Virendra Kumar Dixit,J.
Heard learned counsel for the petitioner, learned A.G.A. and perused the
F.I.R.
The submission of the learned counsel for the petitioner is that the petitioner
is old mother-in-law of the complainant who is aged about 50 years. Her son
Shakeel Ahmad who is an accused, is already in jail. She is suffering from
blood cancer and is taking regular treatment from S.G.P.G.I., Lucknow. The
dispute between the parties is of matrimonial in nature. Therefore the
accused-petitioner deserves interim protection during the investigation.
Learned A.G.A. has opposed the petition.
Considered the submission of the learned counsel for the petitioner and the
learned A.G.A. and also keeping in view of the old age as well as the
petitioner is a lady and she is suffering from blood cancer as well as the
allegation of the complainant in the F.I.R. and the nature of accusation which
discloses commission of cognizable offence, the writ petition is finally
disposed of with the observation that till filing of the charge-sheet/police
report under Section 173 Cr.P.C. whichever is earlier, the petitioner (Smt.
Akhtar) will not be arrested by the Investigating Officer in Case Crime
No.202 of 2010, under Sections 498-A, 323, 504, 506, 420 I.P.C. and Section
3/4 Dowry Prohibition Act, Police Station Cantt, District Lucknow subject to
her cooperation in the investigation which will go on.
Order Date :- 26.7.2010
PAL