Supreme Court · 2014 INSC 31 · Decided 16 January 2014
KM. Hema Mishra v. State of U.P. and Others
- Court
- Supreme Court of India
- Citation
- 2014 INSC 31 · [2014] 1 S.C.R. 465
- Case number
- CRIMINAL APPEAL No. 146/2014
- Decided
- 16 January 2014
- Bench
- K.S. RADHAKRISHNAN, A.K. SIKRI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 419, 420; CrPC Section 41A, 438, 41(a); Constitution Article 438, 226, 21, 254(2)
Headnote
Code of Criminal Procedure, 1973: A B ss.41(a), 41(b), 41A - Object of - Held: Is to check c arbitrary or unwarranted arrest and protect the right to personal liberty guaranteed u!Article 21 of the Constitution of India. s.438 - State of U.P. - Pre arrest bail - Grant of - Writ jurisdiction, if 0 omitted and made inapplicable in the State of U.P. - Still, a party aggrieved against whom FIR is lodged and/or charge­ sheet is filed in court can invoke the jurisdiction of High ·court u/Article 226 of the Constitution for quashing of proceedings - The considerations,
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