Court No. - 25 Case :- MISC. BENCH No. - 142 of 2010 Petitioner :- Smt. Saraswati Devi W/O Late Ram Asrey Respondent :- State Of U.P. Thru Senior S.P.,Lucknow & Ors. Petitioner Counsel :- Anil Kumar Gupta Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon’ble Yogendra Kumar Sangal,J.
Heard learned counsel for the petitioner and learned Additional Government
Advocate, who has accepted notice on behalf of opposite party Nos. 1 & 2.
Issue notice to opposite party No. 3 returnable at an early date.
Respective opposite parties may file counter affidavit within six weeks.
Rejoinder affidavit, if any, may be filed by the petitioner within next two
weeks.
List after expiry of aforesaid period.
Under challenge in the instant writ petition is FIR relating to Case Crime No.
605 of 2009, under Sections 498-A, 323 & 506 IPC and Section ¾ Dowry
Prohibition Act, police station Bakshi ka Talab, district Lucknow.
We have gone through the contents of the FIR and other documents annexed
hereto.
The allegations levelled against the petitioner, who happens to be mother-in-
law of Smt. Kiran, the daughter of opposite party No. 3, are to the effect that
Smt. Kiran was being harassed and victimized by the petitioner for the lust of
dowry, therefore, she was turned out from the house of the petitioner. She
even refused to live with her husband as it comes out from Annexure-2 to this
petition.
The argument advanced by learned counsel for the petitioner is that the son of
petitioner is ready to keep his wife (Smt. Kiran) with him but she has refused
to live in a joint-family, as such, this FIR is an out of the same.
We find substance in the arguments of learned counsel for the petitioner.
Accordingly, we directed that the petitioner shall not be arrested in the
aforesaid case crime number unless and until cogent and reliable evidence
comes forward against her in the shape of report under Section 173 Cr.P.C,
provided she cooperates with the investigation, which shall go on.
Order Date :- 8.1.2010
Pradeep/-