Supreme Court of India · 2014-01-16
Km. Hema Mishra vs State Of Up & Ors
- Citation / case number
- AIR 2014 SUPREME COURT 1066
- Court
- Supreme Court of India
- Petitioner
- Km. Hema Mishra
- Respondent
- State Of Up & Ors
- Author
- K. S. Radhakrishnan
- Bench
- K.S. Radhakrishnan, A.K. Sikri
Judgment text excerpt
The Supreme Court held that the High Court erred in dismissing the appellant's writ petition under Article 226, which sought to quash the FIR under Sections 419 and 420 IPC. The Court emphasized the necessity of adhering to the amended provisions of Section 41(1)(b) and Section 41A CrPC, which require credible evidence before arresting the accused. The Court directed that the appellant's request for anticipatory bail should be considered expeditiously, thereby allowing the appeal and setting aside the High Court's order.