UP Govt can give relief to million families by permitting Anticipatory Bails in family disputes like 498A, Dowry
At present, except in UP, in all other states in India, there is provision for anticipatory bail in such cases.
These are called Sec. 438 Cr. PC proceedings. This gives instant relief to families who fear arrest in false cases by estranged wife and in laws.
In UP, no such provision. So people of UP have to rush to High Court at Allahabad or Lucknow, to seek 'not to arrest' orders in such cases.
This is causing lot of harassment to people.
If by an ordinance, anticipatory bail is made possible in family-related criminal cases in UP, it can give relief to million of families who will feel a little assured against false cases.
Until such ordinance or law is passed, administrative direction can be issued by UP Govt
In fact, govt can even issue an administrative direction that in such cases, parties of husband family need not be arrested but can be directed by police to appear in court on a date given, so that there they can get regular bail under Sec.439
Something really needs to be done in this direction.
Haresh Raichura
30/6/2013