Supreme Court of India

Km. Hema Mishra v. State of U.P. and Others

Neutral citation

Reported as [2014] 1 S.C.R. 465

Bench K.S. Radhakrishnan and A.K. Sikri JJ.

Decided 16 January 2014

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

7 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that in appropriate cases the High Court is empowered to entertain G the petition under Article 226 of the Constitution of India where the main relief itself is against arrest.

Judgment, page 23

From the headnote

Code of Criminal Procedure, 1973: 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 invokable - Held: s.438 has been specifically 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

Authorities it was built on

1994 Kartar Singh v. State of Punjab cited by 54
2009 Lal Kamlendra Pratap Singh v. State of U.p.& Ors. cited by 6
2008 Som Mittal v. Government of Karnataka cited by 4
1976 Balchand Jain v. State of Madhya Pradesh cited by 3

Where later benches applied it

2021 Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra and Others relied on
2020 Rahna Jalal v. State of Kerala and Another relied on
2018 Dr. Subhash Kashinath Mahajan v. The State of Maharashtra and Anr. relied on
2022 Vijay Madanlal Choudhary & Ors. v. Union of India & Ors. referred to
2020 Arnab Manoranjan Goswami v. The State of Maharashtra & Ors. referred to
2017 Ram Kishan Fauji v. State of Haryana and Ors. referred to
2017 The State of Telangana v. Habib Abdullah Jeelani & Ors. referred to

Of those, 3 relied on · 4 referred to

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