Allahabad High Court
KAMAL GAURAV SAHUversusSTATE OF U.P AND 3 OTHERS
- Decided
Holding
The arrest and the remand order were illegal and are quashed, and the petitioner is to be released immediately.
Summary
Petitioner Kamal Gaurav Sahu filed a habeas corpus petition alleging that his arrest on 08‑02‑2026 and subsequent remand were illegal because the police failed to provide written grounds of arrest as mandated by the Constitution and Supreme Court precedent. The petition sought a writ of mandamus for his release, certiorari to quash the remand order, and disciplinary action against the investigating officer. The State argued the facts but could not refute the non‑compliance with the written‑grounds requirement. The Court, relying on Mihir Rajesh v. State of Maharashtra and Gautam Navlakha v. N.I.A., held that the arrest and the remand order were illegal and therefore quashed them, ordering the petitioner’s immediate release and directing disciplinary proceedings. The Court also issued directions to the police and the remand magistrate for future compliance.
Issues considered
- Whether failure to furnish written grounds of arrest renders the arrest illegal under constitutional law and Supreme Court precedent.
- Whether a remand order passed without compliance with the written‑grounds requirement is illegal and subject to habeas corpus relief.
- Whether the court can direct disciplinary action against the investigating officer for procedural violations.
Legislation cited
- B.N.S. — s. 318(4), 336(3), 338, 340(2)
Subjects
- habeas corpus
- illegal arrest
- grounds of arrest
- remand
- mandamus
- certiorari
- disciplinary action
- constitutional law
- police procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 250 of 2026
Kamal Gaurav Sahu
.....Petitioner(s)
Versus
State Of U.P And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Aditaya Kumar Kashyap, Manish
Kumar Pandey
Counsel for Respondent(s) : G.A.
Court No. - 46
HON'BLE SIDDHARTH, J.
HON'BLE JAI KRISHNA UPADHYAY, J.
1. Supplementary affidavit filed today annexing therewith the remand
order dated 8.2.2026 passed by Remand Magistrate is taken on record.
2. Heard Sri Manish Kumar Pandey, learned counsel for the petitioner;
learned AGA for State-respondents and perused the material on record.
3. The present habeas corpus writ petition has been filed by learned
counsel for the petitioner seeking the following reliefs:-
I. Issue a writ, order or direction in the nature of mandamus directing the
respondent no. 2 and 3 to produce and release the corpus/petitioner,
namely, Kamal Gaurav Sahu S/o Shri Ram Vilash Sahu R/o E-69 Adarsh
Nagar, Lal Colony, Barra-1, Police Station- Barra, District- Kanpur
Nagar from their illegal custody, while declaring the arrest, detention and
remand of the petitioner as illegal, null and void in pursuance of F.I.R.
dated 03-07-2025 in Case Crime No. 270 of 2025, u/s 318(4), 338, 336
(3) and 340 (2) of B.N.S., P.S.-Kalyanpur, District- Commissionerate
Kanpur City, for not following the direction of the Hon'ble Court in Mihir
Rajesh Vs. State of Maharashtra and another.
II. Issue a writ, order or direction in the nature of certiorari quashing the
remand order dated 08-02-2026 and subsequent remand orders passed by
the learned Additional Chief Judicial Magistrate-II, Kapur Nagar in
pursuance of F.I.R. dated 03-07-2025 in Case Crime No. 270 of 2025, u/s
HABC No. 250 of 2026
2
318(4), 338, 336 (3) and 340 (2) of B.N.S., P.S.- Kalyanpur, District
Commissionearte Kanpur City.
III. Issue any other suitable writ order or direction as this Hon'ble court
may deem fit and proper in the facts and circumstances of the case.
IV. Allow the writ petition with cost in favour of the petitioner.
4. Learned counsel for the petitioner has submitted that on 08.02.2026,
petitioner was illegally arrested. The respondent Nos.2 & 3 failed to
comply with the mandatory constitutional requirement of furnishing the
grounds of arrest to the petitioner in writing, which is evident from the
arrest memo itself. The petitioner was neither supplied written grounds of
arrest at the time of arrest nor prior to his production before the learned
Remand Magistrate, thereby vitiating the arrest and subsequent remand.
The Apex Court recently in Mihir Rajesh v. State of Maharashtra &
Anr., 2025 SCC OnLine SC 2356 has categorically held that
communication of grounds of arrest in writing is mandatory in all
offences and that non-compliance renders the arrest and remand illegal.
He has also relied upon the judgement and order passed by this Court in
the case of Umang Rastogi and Another Vs. State of U.P. and three
others, passed in Habeas Corpus Writ Petition No.35 of 2026. Finally it
has been pointed out that remand order dated 8.2.2026 has been passed by
learned Magistrate on printed proforma.
5. Learned AGA for State-respondents has opposed the submissions made
by learned counsel for the petitioner, but could not dispute the aforesaid
facts. A photostat copy of "ground of arrest" has been placed before the
Court by learned AGA, which is incomplete.
6. After considering the above arguments and judgement relied by the
learned counsel for the petitioner, we are of the view that the arrest of
petitioner and the remand order passed by the Magistrate dated 8.2.2026
are illegal. This Apex Court in Gautam Navlakha Vs. N.Ι.Α., (2022) 13
SCC 542 has held that a writ of habeas corpus is maintainable where the
remand is absolutely illegal or passed mechanically.
7. The aforesaid remand order and arrest memo prepared by the
HABC No. 250 of 2026
3
respondent no.3 dated 8.2.2026 are hereby quashed.
8. The above noted habeas corpus writ petition is allowed.
9. Petitioner is directed to be released from custody forthwith without
waiting for supply of the certified copy of this order.
10. Office is directed to issue certified copy of this order to the petitioner
on payment of usual charges.
11. Keeping in view of the judgment of this Court in the case of Umang
Rastogi (supra), the Commissioner of Police, District Kanpur Nagar,
respondent no.2, is directed to initiate disciplinary proceeding against the
Investigating Officer of this case and submit compliance report before
Registrar (Compliance) of this Court on or before 30.3.2026 to be kept on
record.
12. The Remand Magistrate is directed be cautious in future while passing
remand orders.
13. The Registrar (Compliance) of this Court is directed to communicate
this order to the police official and the Remand Magistrate aforesaid and
District Judge, Kanpur Nagar, within 24 hours.
14. It is open for the respondents to proceed against the petitioner afresh
in accordance with law.
(Jai Krishna Upadhyay,J.) (Siddharth,J.)
March 19, 2026
Ruchi Agrahari
Digitally signed by :-
RUCHI AGRAHARI
High Court of Judicature at Allahabad
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