Failure to provide an arrested person with grounds for arrest in writing constitutes a violation of fundamental constitutional safeguards, rendering both the arrest and any subsequent remand orders illegal, and entitling the detainee to immediate release and compensatory relief for the deprivation of liberty.

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, District Unnao and direct the respondent No.1, 2, 3 and 4 to release the petitioner forthwith, in the interest of justice.

(ii) Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.

(iii) Award the cost of the writ petition to the petitioner."

4. Admittedly, the First Information Report was lodged against the petitioner as FIR No. 244 of 2024, dated 03.09.2024, at Police Station-Asiwan, District- Unnao by the Respondent No. 4/complainant.

5. In pursuance thereof, the petitioner has been arrested on 27.01.2026. A copy of the arrest memo is annexed as annexure no.3 to the petition. The reasons for arrest have been indicated in Column no.13 of the arrest memo, which only indicates about the aforesaid case crime number being lodged against the petitioner.

6. The learned Magistrate vide its order dated 28.01.2026 has granted remand to the petitioner. The petitioner filed an application for anticipatory bail vide Anticipatory Bail Application No.3614 of 2025 in re: Manoj Vs. State of U.P. before the learned District & Sessions Judge, Unnao, which has been rejected vide order dated 07.01.2026, a copy of which is annexed as annexure no.6 to the petition.

7. The primary and legal ground raised by the learned counsel for the petitioner in the instant petition of habeas corpus challenging his illegal arrest is based on the judgment of the Hon'ble Supreme Court in Mihir Rajesh Shah Vs. State of Maharashtra; 2026 (1) SCC 500, wherein the Hon'ble Supreme Court has categorically held, after considering Article 22(1) of the Constitution of India, that no person who is arrested shall be detained in custody without being informed of the grounds of such arrest. This casts a mandatory and unexceptional duty on the State to provide the arrested person with the grounds of such arrest. Supply of grounds of arrest have also been held to be grounded in fundamental right of life and personal liberty under Article 21 of the Constitution of India and the requirement of informing the arrested person of the grounds of arrest is not a mere formality but a mandatory, binding constitutional safeguard which has been included in Part III of the Constitution under the head of "Fundamental Rights".

8. For the sake of convenience, relevant observations of the Hon'ble Supreme Court in the case of Mihir Rajesh Shah (Supra) are reproduced be