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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
ABDUL MOIN, PRAMOD KUMAR SRIVASTAVA
Manoj Kumar Thru. His Son Mudit Kumar – Appellant
Versus
State of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. – Respondent
JUDGMENT :
1. Personal affidavit of the Additional Chief Secretary (Home), Government of U.P. filed today in Court is taken on record.
2. Heard learned counsel for the petitioner, learned AGA for respondents no.1 to 4 and perused the records including the case diary as produced by the learned AGA.
3. There is consensus at the bar that the facts of the case including the points in dispute and the consideration of the same has already been made by this Court vide order dated 24.04.2026. For the sake of convenience, the order dated 24.04.2026 is reproduced below:-
"1. Heard learned counsel for the petitioner and learned AGA appearing for the respondent nos.1 to 4. Perused the records produced by the learned AGA.
2. No notice be issued to respondent no.5, who is the complainant.
3. By means of the instant petition in the nature of habeas corpus, the petitioner has prayed for the following reliefs:-
"(i) issue a writ, order of direction in the nature of Habeas Corpus declaring the petitioner's arrest & detention illegal, pass an order setting aside the remand order dated 28.01.2026 passed by the Additional Chief Judicial Magistrate-III, Unnao in Case Crime No.244 of 2024, Police Station Asiwan
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.
Absence of written grounds of arrest does not mandate bail absent prejudice; substantial compliance via awareness suffices in serious offences, especially pre-'henceforth' rulings.
(1) Arrest – Constitutional Safeguards – A police officer cannot casually arrest a person against whom commission of an offence punishable with imprisonment for more than seven years is alleged – The....
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