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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SIDDHARTH, JAI KRISHNA UPADHYAY
Umang Rastogi – Appellant
Versus
State Of U.P. – Respondent
| Table of Content |
|---|
| 1. unlawful detention and rights violations (Para 3 , 4) |
| 2. arguments on illegal arrest and judicial procedural compliance (Para 5 , 6) |
| 3. court analysis of illegal arrest grounds and procedural adherence (Para 7 , 10 , 11) |
| 4. legal consequences for non-compliance with arrest protocol (Para 14 , 16) |
| 5. final ruling and orders of release (Para 15 , 18 , 19 , 21 , 22) |
JUDGMENT :
1. Counter affidavit filed on behalf of State is taken on record.
2. Heard Sri Anand Kumar, Sri Aditya Giri, Sri Raghav Dev Garg, learned counsel for the petitioners; Sri Kartikey Saran, learned Additional Advocate General assisted by Ms. Manju Thakur, learned A.G.A.-Ist for the State.
3. The above noted habeas corpus writ petition has been filed praying for following reliefs :-
"(i) Issue a writ order or direction in the nature of Habeas Corpus directing the respondents herein to produce and release the corpus / petitioner no. 1 from their illegal custody, while declaring the arrest, detention and remand of the petitioner no. 1 as illegal, null and void for not following the directions of the Hon'ble Supreme Court in Mihir Rajesh vs. State of Maharashtra and Another;
(ii) Issue a writ, order or directi
The failure to disclose grounds for arrest and non-compliance with procedural requirements rendered the detention illegal, warranting intervention via habeas corpus.
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.
Arrest may be authorised only if concerned officer has ‘reason to believe’ and there is `satisfaction qua an arrest’ that person has committed an offence – There must be a direct nexus or live link b....
when a suspect is arrested and produced before a Magistrate for authorising detention, the Magistrate has to address the question whether specific reasons have been recorded for arrest and if so, pri....
Cheating, criminal breach of trust and criminal conspiracy by public servant – Short delay in informing the person of reason for arrest is permissible.
The detention of an individual beyond 24 hours without being produced before a Magistrate violates Article 22(2) of the Constitution, rendering the arrest illegal.
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