The failure to disclose grounds for arrest and non-compliance with procedural requirements rendered the detention illegal, warranting intervention via habeas corpus.

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 direction in the nature of certiorari quashing the remand order dated 27.12.2025 passed by Civil Judge (S.D.) F.T.C./ A.C.J.M., Gautam Buddhanagar.

(iii) Issue a writ, order or direction in the nature of mandamus to initiate departmental enquiry upon the actions of errant police officials of respondent no. 1.

(iv) Issue any other writ, order or direction, which this Hon'ble Court deems fit and proper in the facts and circumstances of the present case.

(v) To award the cost of the petition."

4. The brief facts of the case are that on 28.11.2025 at about 05:40 p.m, the petitioner's father, a permanent resident of Haldwani, Uttrakhand, was unlawfully abducted by Station House Officer, Police Station- Bisrakh, District- Gautam Buddhanagar, from business premises of the petitioners at Laxmi Nagar, Delhi. The petitioner's father was kept in illegal custody at Police Station- Bisrakh, Gautam Buddh Nagar, U.P., for 5 days. During his illegal detention, evidence was fabricated and F.I.R. No. 940 of 2025 was registered under Section 317(2) B.N.S against the father of petitioners on 03.12.2025 and he was belatedly produced before learned Magistrate. The petitioner's father filed a writ petition before the Delhi High Court and out of vengeance, the police arrested petitioner no. 1 without providing him any ground of arrest on 26.12.2025 from Haldwani, Uttrakhand. The petitioner no. 1 was taken before remand Magistrate at District Court, Surajpur at Gautam Buddhanagar on 27.12.2025 and no copy of arresting memo was provided to him. His counsel moved an application for seeking his release on the aforesaid ground on the same day which was rejected by the learned Magistrate on 27.12.2025. Hence, the petitioner has approached this court challenging the order of illegal remand dated 27.12.2025 passed and illegal arrest memo.

5. Learned counsel for the petitioner has submitted that it is clear from the above facts of the case that the police officials have acted in high handed manner and when it was pointed out to the learned Magistrate, he has also not applied his judicial mind to the requirements of law before affecting arrest of petitioner no. 1 and rejected the prayer of petitioner no. 1.

6. On the basis of counter affidavit filed by State the maintainability of the habeas corpus petition has been questioned by learned Additional Advocate General on the ground that it is not illegal arrest but arrest in accordance with law and the procedure of law has been followed in making the arrest of petitioner no. 1. Petitioner no. 1 is in judicial custody and therefore, his custody cannot be said to be illegal. It has been submitted that as per Annexure C.A.-5, which is the arrest memo of the petitioner no. 1, full compliance of the requirements of a valid memo of arrest has been made wh