Back
B. V. L. N. CHAKRAVARTHI
KVR Vidyasagar – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
The petition is filed U/s.528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), to set aside the order dated 23.09.2024 passed by the learned IV Addl.Chief Judicial Magistrate, Vijayawada, in Cr.No.469/2024 of Ibrahimpatnam Police Station, Vijayawada City, and consequently, release the petitioner forthwith, unless he is required in any other case.
2. Heard Sri T.Niranjan Reddy, learned Senior Counsel assisted by Sri Y.N.Vivekananda, learned counsel for petitioner, learned Advocate General representing the State/1st respondent and Sri N.Srinivasa Rao, learned counsel for unofficial respondent No.2/complainant.
3. The petition is voluminous and run 100 pages. The petitioner raised several grounds both on facts and in law. It contains extracts of various provisions of law, facts of the case culled out of records from the present case and other cases. It also contains extracts from the judgments of the Hon’ble Apex Court and High Courts. Therefore, become voluminous. It is made clear that, at this point, this Court is not concerned with the merits of the facts in terms of the involvement of the petitioner in the alleged offence.
4. During arguments, S
The court reaffirmed that informing an arrested person of the grounds for arrest is a constitutional requirement, and non-compliance invalidates the arrest and remand.
(1) Arrest – Constitutional Safeguards – A police officer cannot casually arrest a person against whom commission of an offence punishable with imprisonment for more than seven years is alleged – The....
The court affirmed that grounds of arrest must be communicated in writing to the accused, ensuring compliance with constitutional rights and enabling effective legal defense.
The requirement to inform an arrested person of the grounds for their arrest, as mandated by Article 22(1) of the Constitution, is a mandatory condition that must be adhered to, failing which the arr....
(1) Arrest – Any person arrested for allegation of commission of offences under provisions of UAPA or any other offences has a fundamental and a statutory right to be informed about grounds of arrest....
The court ruled that while informing the grounds of arrest is mandatory, recent Supreme Court interpretations regarding PMLA and UAPA do not apply to general offenses under IPC or KCOCA.
The failure to communicate grounds of arrest constitutes a violation of constitutional rights under Articles 21 and 22(1), rendering the arrest illegal and necessitating bail even amidst statutory re....
Cheating, criminal breach of trust and criminal conspiracy by public servant – Short delay in informing the person of reason for arrest is permissible.
The requirement to inform an arrested person of the grounds for arrest is a constitutional obligation that, if breached, may vitiate the legality of the arrest.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
