Lucknow, Oct 09: The Lucknow bench of Allahabad High Court today directed CBI not to arrest Madhumani, wife of former UP minister Amarmani Tripathi, a prime accused in the poetess Madhumita Shukla murder, unless it had 'cogent, reliable and solid' evidence against her.
The CBI told the court that she was not an accused in the case 'at this point of time'.
"The arrest of the petitioner (Madhumani) shall not be effected unless there is direct, cogent and reliable evidence," the division bench comprising Justice Khemkaran and Justice G K Gupta said in the order.

The court said her arrest shall not be effected except in accordance with the directions of the Supreme Court in the Joginder Kumar case.

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Mridul Rakesh, counsel of Madhumani Tripathi, said here that the court had specified that she should not be interrogated as accused unless the investigating agency had found evidence.
Another defence lawyer Vijay Vikram said the Joginder Kumar case provides that unless there is 'cogent and reliable' reason, an accused could not be arrested.
The court also directed the CBI to state clearly in the case diary the reasons for arresting Madhumani if such a situation arose and also intimate her family members.

The bench said section 160 of the CrPC, which provides that 'no male person under the age of 15 years or a woman shall be required to attend the interrogation except at the place of his or her residence' should be strictly adhered to if the agency interrogated Madhumani. She could keep a member of her family with her during the interrogation, the court said.
Meanwhile, the CBI said in the court that though there was strong suspicion' of Madhumani's involvement in the case, she was not an accused at this point of time'.
Bureau Report