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SUPREME COURT OF INDIA
M.M. SUNDRESH, RAJESH BINDAL, JJ
Ashish Kakkar – Appellant
Versus
UT of Chandigarh – Respondent
CRIMINAL APPEAL NO. 1518 /2025 [@ SLP [CRL.] NO.1662/2025]
(A) Indian Penal Code, 1860 - Sections 384, 420, 468, 471, 509, and 120B - Code of Criminal Procedure, 1973 - Sections 41-A and 50 - Arrest and remand - Appellant challenged arrest and remand order on grounds of non-compliance with Section 41-A, lack of hearing during remand, and non-furnishing of grounds of arrest - Court found arrest memo insufficient as grounds of arrest, constituting non-compliance with Section 50, which is meant to uphold Article 22(1) of the Constitution - Court set aside the impugned judgment and remand order. (Paras 1-4)
(B) Constitutional Law - Article 22(1) - Right to be informed of grounds of arrest - The requirement of providing grounds of arrest is essential to ensure the protection of individual rights under the Constitution. (Paras 3-4)
Facts of the case:
The appellant was arrested on 30.12.2024 under various IPC sections and challenged the legality of his arrest and remand order, citing non-compliance with procedural mandates.
Findings of Court:
The arrest memo provided to the appellant did not meet the requirements of Section 50, leading to the conclusion that the arrest was unlawful.
Issues: The main issue was whether the arrest memo constituted sufficient grounds of arrest as required by law.
Ratio Decidendi: The court held that the arrest memo lacked necessary particulars and did not fulfill the requirements of Section 50, thus violating the appellant's constitutional rights.
Result: The appeal stands allowed and the appellant is set at liberty.
ORDER
Leave granted.
2. The appellant was arrested on 30.12.2024 in connection with FIR No. 33/2022 registered under Sections 384 , 420, 468, 471 , 509 and 120B of the Indian Penal Code, 1860 and remanded to police custody for a period of 3 days.
3. Vide the present appeal, the appellant has challenged both his arrest and the remand order dated 30.12.2024 on three grounds, namely, there is a clear non-compliance of the mandateunder Section 41-A of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’); the appellant was not heard at the time of remand and the grounds of arrest as mandated under Section 50 of the Code have not been furnished to the appellant as against the mere arrest memo.
4. We are inclined to consider only the last issue raised by the appellant with respect to the non-furnishing of the grounds of arrest.
5. Upon perusing annexure P-3, we can see that what has been provided to the appellant is only an arrest memo in the prescribed format, which is meant to be given to the appellant by way of an intimation. It has been filled up with the name of the appellant along with the place of arrest. Additionally, it has been written that he has been arrested based upon the statement of the co-accused.
6. We are in agreement with the submission made by the learned senior counsel appearing for the appellant that the said arrest memo cannot be construed as grounds of arrest, as no other worthwhile particulars have been furnished to him.
7. This, being a clear non-compliance of the mandate under Section 50 of the Code which has been introduced to give effect to Article 22(1) of the Constitution of India, 1950 we are inclined to set aside the impugned judgment, particularly, in light of the judgment rendered by this Court reported as Prabir Purkayastha v. State (NCT of Delhi)- (2024) 8 SCC 254 .
8. In such view of the matter, the impugned judgment stands set aside and the arrest of the appellant followed by the consequential remand order are also set aside.
9. The appellant shall be set at liberty, until and unless he is required in any other case. The appeal stands allowed accordingly.
10. Pending application(s), if any, shall also stand disposed of.
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