JUDGMENT

1. Learned Advocate Mr. R.R. Dholakia appearing for the respondent –original complainant shall file his appearance before the Registy.

2. By filing the present petition under Article 226 of the Constitution of India read with Section 528 of the BNSS, 2023, the petitioner has prayed for the following reliefs: -

“

A. That this Hon'ble Court may be pleased to issue writ of mandamus and / or any other appropriate writ, order or directions to quash and set aside the FIR bearing 1-CR. No. 11210048260191 of 2026 dated 21.02.2026 registered with Umra Police Station, Surat, for the offences punishable under Section 108 & 308(2) of Bhartiya Nyaya Sanhita, 2023, annexed at Annexure "A" along with all the further and consequent proceedings thereto;

B. Pending admission, hearing and final disposal of present Application/Petition, this Hon'ble Court may be pleased to stay and suspend the further proceedings in connection with the FIR bearing I- CR. No. 11210048260191 of 2026 dated 21.02.2026 registered with Umra Police Station, Surat, for the offences punishable under Section 108 & 308(2) of Bhartiya Nyaya Sanhita, 2023, along with all the further and consequent proceedings thereto and further direct the concerned jail authorities to release the Petitioner forthwith;

C. Ad-interim relief in terms of Para (B) above may kindly be granted;

D. This Hon'ble Court may kindly be pleased to dispense with the affidavit of Petitioner as she is in judicial custody,

E. Such other and further reliefs as this Hon'ble Court may deem fit and proper be granted.”

3. The facts and circumstances giving rise to the filing of the present petition are such that the FIR bearing No.11210048260191 of 2026 came to be registered with Umara Police Station, Surat City for the offences punishable under Sections 108 and 308(2) of BNS, 2023 against the petitioner. Being aggrieved by the said FIR, the petitioner has approached this Court by filing the present petition.

4. Heard learned Senior Advocate Mr. N.D. NanavatY with learned Advocate Mr. Suraj Shukla appearing for the petitioner. He submitted that the present FIR has been lodged on 21.02.2026 for the incident which had taken place on 31.01.2026. Thus, the FIR in question has been lodged after 21 days from the date of incident. The deceased had committed suicide on 31.01.2026. Thereafter, on 07.02.2026, the petitioner herein had submitted an application to the Commissioner of Police, Surat City, inter-alia, stating that on 31.01.2026 between 6 to 8 in the evening, the deceased was quite happy and thereafter, he had committed suicide in the late night. Therefore, something must have happened in his house on the fateful day. It is further stated in the application that since the daughter of the deceased was going to get married within few days from the date of incident, all the relatives have gathered at the place of the deceased, and therefore, it is doubtful that he would commit suicide in such circumstances and that she suspected that the deceased was murdered, and therefore, it was requested to carry out proper investigation into the accidental death of the deceased. He further submitted that in the FIR, it is stated that on 31.01.2026, the deceased had received a phone call from the petitioner wherein she had threatened the deceased, and therefore, the deceased had committed suicide. However, in fact it was not the petitioner who had called on 31.01.2026, but it was the deceased who had called the petitioner and the conversation had taken place between the two for approximately 3 minutes. Therefore, the allegations levelled in the FIR that the petitioner had called the deceased on 31.01.2026, is not correct. He further submitted that as per the FIR, the daughter of the deceased had visited the place of the petitioner in the month of July 2025 and at that time, the petitioner had allegedly threatened that she wanted to user 50% share in the property of the deceased and if she did not get 50% share in the pr