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.

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 complete records including the case diary before this Court as such, there would not be any requirement of filing of counter affidavit.

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:-

"in a case where on the basis of submissions advanced in the court on behalf of the parties the court summons the original record to find out the truth, pleadings remain insignificant".

7. Instant writ petition in the nature of habeas corpus has been filed praying for the following main reliefs:-

"(A). Allow this petition, declare the petitioner's arrest & detention illegal, pass an order (s) setting aside the order dated 29.01.2026 passed by Hon'ble Court of learned Special Judge, POCSO Act, Pratapgarh, U.P. in relation to 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) of B.N.S and 3 & 4 POCSO Act [Annexure-5 from page 49 to 53] and direct the Respondent Nos. 1, 2, 3 & 4 to release the petitioner forthwith by issuance of an order or direction in the nature of writ of Habeas Corpus.

(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) B.N.S and 3 & 2 POCSO Act [Annexure-2 from page 34 to 44] and direct Respondent Nos. 1, 2, 3 & 4 to release the petitioner forthwith.

(C). Pass an order (s) or direction (s) in the nature of writ of mandamus commanding the 1st respondent to pay to the petitioner Rs. 10,00,000/- (Rupees Ten Lakh) as compensation on account of illegal deprivation of his liberty within such time as may be deemed fit and proper by this Court.

(D). Pass an order (s) or direction(s) directing the 1st and/ or 2nd respondent to fairly conduct disciplinary proceedings and criminal proceedings against the erring police officials for illegally depriving the petitioner of his liberty within such time as may be deemed fit and proper by this Hon'ble Court."

8. Bereft of unnecessary details, the case set forth by the learned counsels for the petitioner is that the petitioner and the respondent no. 5/ alleged victim, were dating each other but her family was against the said relationship. On 21.01.2026, the First Information Report dated 21.01.2026 registered as Case Crime No. 15 of 2026 under Sections 137 (2), 87, 64 (1), 351 (3) of Bhartiya Nyay Sanhita, 2023 and 3 & 4 of Protection of Children from Sexual Offences Act, 2012 at Police Station- Kandhai District- Pratapgarh was lodged against the pet