I have considered the rival submissions and also perused the record as brought before this Court and the FIR in question which is very much available on the record, however, it has been informed that the first information report in question pertaining to case crime no.0781 of 2021, police station Akbarpur, district Kanpur Dehat, wherein accused Subhash Chandra Katiyar and Neeraj Katiyar have been described as named accused and the FIR has been stayed in Criminal Miscellaneous Writ Petition No.9721 of 2021, vide order dated 12.01.2022. Now the point for consideration before this Court prior to keeping into the merit of this case would be that there is no such circumstance prevailing as may be treated to be rarest of rare so as to approach this Court directly and that being the case it would have been proper for the applicant if she is apprehending her arrest on the basis of the aforesaid FIR then she would have exhausted remedy available to her at the district level then she should approach this Court. However, on the point of merit, since the doors are still open at the district level it would not be proper at this stage to make any observation regarding the same and the case remains open for the applicant and it is upto her choice and option. It is expected that if the applicant so wishes she will avail the remedy available to her at the district level.
