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HARPREET SINGH BRAR
Gurkaran Singh Dhaliwal – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Mr. Harpreet Singh Brar, J.
1. The present criminal writ petition has been filed under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter ‘ BNSS ’) seeking the following reliefs:
(ii) declaration of the arrest of the detenu – Pushpinder Pal Singh Dhaliwal, father of the petitioner, as illegal.
FACTUAL MATRIX
2. Briefly, the facts, as per pleadings, are that in a social media post (Annexure P-1), one Sunanda Sharma, a professional artist, had leveled false allegations against the detenu qua criminal breach of trust, cheating, criminal misappropriation of property, wrongful restraint, defamation, intimidation and harassment. Consequently, on 08.03.2025, at about 7:30 PM, the detenu, a music producer, was picked up from his house in Mohali in a police car. Neither was an FIR registered against the detenu nor an arrest memo or a notice under Section 41-A, Code of Criminal Procedure, 1973 (hereinafter ‘Cr.P.C.’) were served on him. The detenu is currently being detained at Po
The court established that failure to inform an arrestee of grounds for arrest promptly renders detention illegal, violating constitutional safeguards under Articles 21 and 22.
Grounds for arrest must adequately inform the arrestee of accusations to uphold constitutional protections against unlawful detention, ensuring compliance with Article 22(1).
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.
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 – 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 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 is fundamental; however, substantial compliance may be sufficient, and procedural defects can be curable without rendering deten....
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