K.S.RADHAKRISHNAN, A.K.SIKRI
Hema Mishra – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
K. S. RADHAKRISHNAN, J.— Leave granted.
2. Appellant herein had invoked the extraordinary jurisdiction of the High Court under Article 226 of the Constitution of India seeking the following reliefs:
i) Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned FIR dated 21.12.2011, contained in Annexure No. 1 to this writ petition, lodged at crime No. 797/11 under Sections 419/420 IPC, at Police Station Zaidpur, District Barabanki;
ii) Issue a writ, order or direction in the nature of Mandamus thereby directing the Superintendant of Police, Barabanki, the opposite Party No. 2, and the Investigating Officer, Case Crime No. 797/11, under Sections 419/420 IPC, Police Station, Zaidpur, District Barabanki, the opposite party No. 3, to defer the arrest of the petitioner until collection of the credible evidence sufficient for filing the charge-sheet by following the amended proviso to Sections 41(1)(b) read with Section 41A CrPC;
iii) Issue a writ, order or direction in the nature of Mandamus thereby directing the Superintendent of Police, Barabanki, the opposite party No. 2, for compliance of the provision of Sections 41(1)(b) and 41A CrPC i
Kartar Singh v. State of Punjab (1994) 3 SCC 569, para13
Lal Kamlendra Pratap Singh v. State of Uttar Pradesh and Others (2009) 4 SCC 437, para 17
Som Mittal v. State of Karnataka (2008) 3 SCC 753, para 18
State of Orissa v. Madan Gopal Rungta , AIR 1952 SC 12, para 23
Kartar Singh and Ors. V. State of Punjab (1994) 3 SCC 569, para 8
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