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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SIDDHARTH, VINAI KUMAR DWIVEDI
Neeraj – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
Siddharth, J.
1. Heard Sri Anupam Verma and Sri Shrawan Kumar Yadav, learned counsel for the petitioners; Sri Manish Goyal, learned Additional Advocate General assisted by Sri Rupak Chaubey, learned A.G.A.-Ist for the State and perused the pleadings brought on record of the writ petition, counter affidavit and rejoinder affidavit.
2. The brief facts of the petition are that an F.I.R bearing No. 20/2024, U/s 498A, 323, 304B, 302, 201, 120B IPC & 4 DV Act, Police Station- Kotwali Lalitpur, District- Lalitpur, was registered. Petitioner was arrested in connection with No. 20/2024 U/s 498A, 323, 304B, 302, 201, 120B IPC & 4 DV Act Police Station- Kotwali Lalitpur, District- Lalitpur. While making arrest, grounds of arrest were not communicated to him in writing nor were communicated to his family members, friends or to any person authorized by him. Such acts of arresting officer were, as per the petitioner, directly in the teeth of law laid down in the matter of Prabir Purkayastha Versus State (Nct Of Delhi) LAWS(SC)-2024-5- 46, Pankaj Bansal. Union of India LAWS(SC-2023-10-3, Vihaan Kumar v State of Haryana LAWS(SC)-2025-2-20 & Ashish Kakkar v U.T Chandigarh; Criminal Appeal N
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.
A writ of habeas corpus is not maintainable if the petitioner is in judicial custody under valid remand orders, and issues regarding the legality of arrest must be raised at the time of remand.
The failure to disclose grounds for arrest and non-compliance with procedural requirements rendered the detention illegal, warranting intervention via habeas corpus.
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