Hon’ble Ashok Bhushan, J.—This writ petition has been filed by a sitting member of Uttar Pradesh Legislative Assembly who is detained in prison facing criminal charge under Sections 323, 342, 457, 364, 302, 201, 120-B, IPC and 7 Criminal Law Amendment Act praying for a writ of mandamus commanding the respondents to permit the petitioner to participate in the session of Uttar Pradesh Legislative Assembly.

2. Brief facts of the case necessary for deciding the controversy raised in the writ petition are : The petitioner contested the general election of Legislative Assembly from the State of U.P. in the year 2007 as a ruling party candidate from Auraiya Sadar Constituency No. 285 and was declared elected. On 24.12.2008, an F.I.R. was lodged by one Smt. Shashi Gupta wife of Manoj Kumar Gupta an Engineer working with the State Government under Sections 323, 342, 457 and 364, I.P.C. with the allegation that in the intervening night three persons came at their residence and had beaten the husband of the petitioner and had abducted him. Police after investigation submitted a charge-sheet against several other persons for charges of murder and criminal conspiracy. Petitioner was arre