Supreme Court of India · 2014-01-16
KM. HEMA MISHRA vs STATE OF UP .
- Citation / case number
- SC 2012/34948
- Court
- Supreme Court of India
- Petitioner
- KM. HEMA MISHRA
- Respondent
- STATE OF UP .
- Author
- K. S. RADHAKRISHNAN
- Bench
- A.K. SIKRI K.S. RADHAKRISHNAN
Judgment text excerpt
The Supreme Court addressed the appellant's challenge against the dismissal of her writ petition by the High Court, which sought to quash an 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 of the CrPC regarding the arrest of the appellant until credible evidence is collected. The Court held that the High Court erred in not exercising its jurisdiction under Article 226 to protect the appellant's rights, thereby allowing the appeal and directing compliance with the procedural safeguards in the investigation.