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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
ABDUL MOIN, BABITA RANI
Shivam Chaurasiya through His Brother Manas Chaurasiya – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. petition adjustment and acceptance (Para 1 , 2 , 3 , 4) |
| 2. grounds for habeas corpus and their implications (Para 7 , 12) |
| 3. factual allegations leading to arrest (Para 8 , 9 , 10 , 11) |
| 4. constitutional mandate of informing arrest grounds (Para 19 , 21) |
JUDGMENT :
2. Learned counsels for the petitioner pray for adding the words "Writ of Habeas Corpus" in prayer Clause-A.
4. Accordingly, the prayer as made by the learned counsels for the petitioner is allowed. Let the learned counsels for the petitioner add " Writ of Habeas Corpus" in prayer Clause -A during the course of the day.
6. In this regard, it would be apt to refer to the judgment of the Apex Court in the case of Union of India and others vs. Shiv Raj and others, (2014) 6 SCC 564 wherein it has been held as under:-
7. Instant writ petition in the nature of habeas corpus has been filed praying for the following main reliefs:-
(B). Allow this petition, declare the petitioner's arrest illegal, pass an order (s) quashing the arrest memo dated 28.01.2026 drawn regarding Case Crime No. 15/2026 registered at Police Station- Kandhai, Pratapgarh, U.P. alleging offences punishable under sections 137 (2), 87, 64 (1), 351 (3
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.
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.
Absence of written grounds of arrest does not mandate bail absent prejudice; substantial compliance via awareness suffices in serious offences, especially pre-'henceforth' rulings.
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 failure to disclose grounds for arrest and non-compliance with procedural requirements rendered the detention illegal, warranting intervention via habeas corpus.
Cheating, criminal breach of trust and criminal conspiracy by public servant – Short delay in informing the person of reason for arrest is permissible.
(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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