Prem Wati Vs. State - Court Judgment

Excerpt:
the case debated on relief in petition for anticipatory bail under sections 438 & 382 of the criminal procedure code, 1973 - it was observed that there would have been unnecessary harassment as the petitioner was the mother in law of the complainant - also for registration of the first information report, the petitioner was to be given seven days prior notice in writing for arrest - it was ruled under sections 498-a and 34 of the penal code, 1860, the petitioner would participate and co-operate in the investigation as and when required - ordercrl. m. 3542/2001 in crl. m.(m) no. 2883/2001: allowed, subject to all just exceptions.crl. m.(m) 2883/2001 : 1. by this petition under section 438 read with section 382 of the code of criminal procedure, petitioner is seeking protection against anticipated arrest in case under section 498a/406/34, indian penal code, being investigated by the crime against women cell, ashok vihar, delhi. petitioner is the mother-in-law of the complainant. 2. issue notice to the respondents. mr. pawan sharma accepts notice. 3. learned counsel for the petitioner submits that pending enquiry before the crime against women cell, petitioner apprehends that case may be registered and she is put to unnecessary harassment. 4. in the facts and circumstances of the case, it is ordered that whenever fir is registered and petitioner is sought to be arrested, she would be given seven days' notice in writing. petitioner shall participate and co-operate in the investigation, as and when required. order dusty. 5. petition disposed of.

Judgment:
ORDER

Crl. M. 3542/2001 in Crl. M.(M) No. 2883/2001:

Allowed, subject to all just exceptions.

Crl. M.(M) 2883/2001 :

1. By this petition under Section 438 read with Section 382 of the Code of Criminal Procedure, petitioner is seeking protection against anticipated arrest in case under Section 498A/406/34, Indian Penal Code, being investigated by the Crime Against Women Cell, Ashok Vihar, Delhi. Petitioner is the mother-in-law of the complainant.

2. Issue notice to the respondents. Mr. Pawan Sharma accepts notice.

3. Learned Counsel for the petitioner submits that pending enquiry before the Crime Against Women Cell, petitioner apprehends that case may be registered and she is put to unnecessary harassment.

4. In the facts and circumstances of the case, it is ordered that whenever FIR is registered and petitioner is sought to be arrested, she would be given seven days' notice in writing. Petitioner shall participate and co-operate in the investigation, as and when required.

Order dusty.

5. Petition disposed of.