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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SIDDHARTHA VARMA, J, Madan Pal Singh
Anwar Dhebar – Appellant
Versus
State of UP – Respondent
JUDGMENT :
1. Heard Sri Anoop Trivedi, learned Senior Advocate assisted by Sri Utkarsh Malviya, Sri Varad Nath and Sri Vikash Walia, learned counsel for the petitioner; Sri Manish Goyal, learned Additional Advocate General assisted by Sri Rupak Chaubey, Sri J.K. Upadhyay and Sri Vikas Sahay, learned counsel appeared for the State.
2. This writ petition has been filed with a prayer to declare the arrest of the petitioner as illegal vide the first information report dated 30.07.2023 which had given rise to Case Crime No. 196 of 2023. A further relief has been prayed for and that is to declare illegal all the successive remand orders passed subsequent to the arrest of the petitioner.
3. The petitioner namely Anwar Dhebar in the instant case was arrested with regard to a case which was registered by way of an Enforcement Case Information Report (hereinafter referred to as the “ECIR”) No. ECIR/RPZO/11/2022. This matter was being contested by the petitioner alongwith the other co-accused and the ECIR therein was challenged. However on 17.01.2024, an F.I.R. which gave rise to Case Crime No. 4 of 2024 was lodged by the Anti Corruption Bureau, Chhattisgarh under Sections 420, 467, 468, 471 and
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 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 arrest is a constitutional obligation that, if breached, may vitiate the legality of the arrest.
(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 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....
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 ruled that while informing the grounds of arrest is mandatory, recent Supreme Court interpretations regarding PMLA and UAPA do not apply to general offenses under IPC or KCOCA.
(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....
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