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P. B. BAJANTHRI, S. B. PD. SINGH
Anand Kumar Thakur – Appellant
Versus
State of Bihar – Respondent
P. B. Bajanthri, J.—In the instant writ petition, petitioner has sought for the following relief(s):—
"(i) In the nature of Habeas Corpus directing the Respondents to produce the Petitioner before this Hon'ble Court who is illegally detained beyond 24 hours in connection with Haraiya P.S. Case No. 21/24 by the Respondent no. 7 and free him from illegal custody.
(ii) In the nature of Certiorari for setting aside the arrest memo issued against the Petitioner in connection with Haraiya P.S. Case No. 21/24, as the same is devoid of the constitutional mandate enshrined under Article 22(2) of the Constitution of India; and/or
(iii) In the nature of Mandamus directing/commanding the Respondents to the release the Petitioner forthwith in connection with Haraiya P.S. Case No. 21/24, as the Petitioner has illegally been detained and kept in police custody for more than 24 hrs without the authority of the concerned magistrate; and/or
(iv) In the nature of Mandamus directing/commanding the Respondents to compensate the Petitioner for the hardships suffered by him on account of illegal detention undergone violating the constitutional mandate; and/or
(v) For the grant of any relief for which the Peti
The detention of an individual beyond 24 hours without being produced before a Magistrate violates Article 22(2) of the Constitution, rendering the arrest illegal.
The Enforcement Directorate officers are not Police officers under CrPC, thus they cannot seek custody beyond the initial 24 hours of arrest unless substantively justified; however, compliance with P....
The requirement to provide written grounds for arrest is a constitutional mandate; failing this renders the arrest and consequent remand illegal, entitling the individual to immediate release.
when a suspect is arrested and produced before a Magistrate for authorising detention, the Magistrate has to address the question whether specific reasons have been recorded for arrest and if so, pri....
Judicial custody requires extension by the Magistrate, without which detention is not automatically illegal; compliance with statutory provisions is necessary for lawful detention.
Failure to produce arrested individuals before the nearest Magistrate within 24 hours constitutes illegal detention, impacting subsequent remand validity.
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