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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
ASHISH NAITHANI
Ravi Kant – Appellant
Versus
Central Bureau of Investigation – Respondent
| Table of Content |
|---|
| 1. remand order challenged on arrest legality (Para 1 , 2 , 3) |
| 2. arguments on illegal arrest due to non-communication (Para 4 , 5 , 6) |
| 3. requirement of communicating grounds of arrest (Para 7 , 8 , 9) |
| 4. judicial precedence on communication in arrest (Para 10 , 11 , 12) |
| 5. counterarguments by the respondent on legality of the arrest (Para 14 , 15 , 16) |
| 6. response to grounds of arrest and legal framework (Para 17 , 18 , 19 , 20) |
| 7. remand legality per procedural norms (Para 22 , 23) |
| 8. court's consideration of judicial records (Para 24 , 25) |
| 9. article 22(1) safeguards the right to know grounds of arrest (Para 26 , 27 , 28) |
| 10. distinction in legal terminology: reasons vs. grounds of arrest (Para 29 , 30 , 31) |
| 11. compliance with documentation requirements in arrest (Para 32 , 33) |
| 12. sufficient provision of factual basis in documents (Para 34 , 35 , 36) |
| 13. final dismissal of appeal based on lack of merit (Para 37 , 38) |
JUDGMENT :
Ashish Naithani, J.
1. The present Criminal Revision has been preferred by the revisionist challenging the legality of the remand order dated 09.10.2024 passed by the Special Judicial Magistrate, C.B.I./Second Additional Chief Judicial Magistrate, Deh
The requirement to communicate grounds of arrest under Article 22(1) is satisfied when essential allegations are conveyed effectively, ensuring the accused's understanding and ability to prepare a de....
Communication of grounds of arrest must be meaningful, ensuring awareness of factual basis for effective legal representation; strict adherence to formalism is not required if substance is achieved.
The communication of grounds for arrest must be in writing to satisfy constitutional requirements, and failure to do so renders the arrest illegal.
(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....
The failure to communicate the grounds of arrest in writing does not render detention illegal if substantial compliance with constitutional and statutory mandates is demonstrated.
The court reaffirmed that informing an arrested person of the grounds for arrest is a constitutional requirement, and non-compliance invalidates the arrest and remand.
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