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IN THE HIGH COURT OF ALLAHABAD
MAHESH CHANDRA TRIPATHI, ANIL KUMAR-X
Shashank Mishra – Appellant
Versus
State Of Up – Respondent
Hon'ble Anil Kumar-X,J.
1. Heard Sri Praveen Shrivastava, learned counsel for the petitioner; Sri Paritosh Malviya, learned AGA-I for the State-respondents; and perused the material available on record.
2. The present writ petition has been filed seeking the following relief:
"(i) Issue an order or direction in the nature of Mandamus directing the learned Additional District Judge, Fast Track Court (O.A.W.), Jhansi, to decide the pending application dated 29.04.2025, annexed herewith as Annexure No. 5 to the petition, strictly in light of the principles laid down by the Hon’ble Supreme Court and reiterated by this Hon’ble Court in Writ Petition No. 934 of 2025 (Manjeet Singh @ Inder @ Manjeet Singh Chana Vs. State of U.P. & Others), annexed as Annexure No. 4 to the petition."
3. The petitioner contends that an FIR bearing Case Crime No. 396 of 2023 was registered against him under Sections 4 98 -A, 323, 506, 120-B, and 307 of the Indian Penal Code, 1860, IPC , along with Sections 3 and 4 of the Dowry Prohibition Act, 1961, DP Act at Police Station Navabad, District Jhansi, on 09.10.2023. He was arrested the following day, i.e., on 10.10.2023. It is specifically asserted that at the ti
Non-communication of grounds of arrest violates constitutional rights, but failure to raise objections during remand proceedings undermines claims of illegal arrest.
The failure to communicate the grounds of arrest to the accused constitutes a violation of constitutional rights, rendering the arrest and subsequent remand illegal.
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....
Non-compliance with Article 22(1) and Section 50 Cr.P.C. vitiates arrest and remand, necessitating communication of grounds for arrest and provision of legal aid.
The constitutional requirement of communicating grounds of arrest is essential, and failure to do so renders the arrest and subsequent remand illegal.
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 right to be informed of the grounds of arrest is fundamental under Article 22(1), and failure to communicate such grounds renders the arrest and subsequent remand illegal.
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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