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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Vinay Kumar Choubey son of Devendra Choubey – Appellant
Versus
State of Jharkhand through Vigilance – Respondent
| Table of Content |
|---|
| 1. petition against remand order and arrest. (Para 1 , 2) |
| 2. allegations against petitioner related to public funds and fraud. (Para 3 , 4 , 5 , 6 , 7) |
| 3. violation of fundamental rights during arrest. (Para 8 , 9) |
| 4. legal grounds regarding communication of arrest. (Para 10 , 11 , 12 , 13 , 14) |
| 5. acb's defense on procedural compliance during arrest. (Para 15) |
JUDGMENT
SANJAY KUMAR DWIVEDI, J.
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 Sp
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.
Cheating, criminal breach of trust and criminal conspiracy by public servant – Short delay in informing the person of reason for arrest is permissible.
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 their arrest, as mandated by Article 22(1) of the Constitution, is a mandatory condition that must be adhered to, failing which the arr....
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.
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