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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 :
1. Heard Sri Skand Bajpai and Sri Abhyudaya Mishra, learned counsels for the petitioner as well as Shri Shiv Nath Tilahari & Shri Anurag Verma, learned Additional Government Advocates appearing on behalf of the respondents no. 1 to 5. Learned AGA states that he is also accepting notice for the respondents no. 7 to 9. Considering the question of law involved in the instant petition, notice to respondent no. 6 is dispensed with.
2. Learned counsels for the petitioner pray for adding the words "Writ of Habeas Corpus" in prayer Clause-A.
3. To the aforesaid prayer, learned AGAs have no objection.
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.
5. Considering the legal issue involved in the instant petition and the respondents having produced the complet
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.
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