Back
SANJAY KUMAR DWIVEDI
Vinay Kumar Choubey – Appellant
Versus
State of Jharkhand through Vigilance – Respondent
JUDGMENT
This matter was taken up yesterday. Mr. Ajit Kumar Singh, learned counsel for the petitioner had concluded his arguments and, thereafter, Mr. Abhishek Krishna Gupta, learned counsel appearing for the ACB had started his arguments, however, the same was not over and, therefore, the matter has been posted for today and Mr. Abhishek Krishna Gupta has concluded his arguments today and, thereafter, Mr. Ajit Kumar Singh has replied to the argument of the learned counsel for the ACB.
2. This petition has been filed challenging the remand order dated 20.05.2025 passed by the learned Special Judge, Anti-Corruption Bureau, Ranchi in connection with A.C.B. Ranchi P.S. Case No.09/2025. The further prayer is made for quashing and setting-aside the arrest of the petitioner, whereby, the learned Special Judge remanded the petitioner for the offence punishable under Sections 120-B read with 420/467/468/471/409/107/109 of the Indian Penal Code (corresponding Section of Bharatiya Nyaya Sanhita, 2023; Section 61(2) read with 318/336/340/316/45 and 49) and Section 7(c)/12/13(2) read with 13(1)(a) of the Prevention of Corruption Act, 1988. The prayer is also made to release the petitioner forth
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.
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.
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.
(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 arrest of an individual must comply with constitutional and statutory requirements, including providing specific grounds for arrest, which must be communicated in writing to ensure the accused's ....
The requirement to inform an arrested person of the grounds for arrest and to ensure access to legal representation is a mandatory constitutional safeguard under Articles 21 and 22.
The failure to communicate the grounds of arrest in writing does not render detention illegal if substantial compliance with constitutional and statutory mandates is demonstrated.
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
