ATISHAM HUSSAIN AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
            HABEAS CORPUS WRIT PETITION No. - 269 of 2026

Atisham Hussain And Another
                                                             .....Petitioner(s)
                                   Versus

State Of U.P. And 2 Others
                                                           .....Respondent(s)

Counsel for Petitioner(s)                      :    Sharique Ahmed
Counsel for Respondent(s)                      :    G.A.

Court No. - 46
                 HON'BLE SIDDHARTH, J.
                 HON'BLE JAI KRISHNA UPADHYAY, J.

1. Heard Sri Sharique Ahmed, learned counsel for the petitioners; learned
AGA for State-respondents and perused the material on record.

2. The present habeas corpus writ petition has been filed by learned
counsel for the petitioners seeking the following reliefs:-

i. Issue a writ order or direction in the nature of Habeas Corpus directing
the respondents herein to produce and release the corpus/petitioner No. 1
from their illegal custody in Case Crime No.270 of 2025, under Section
318(4), 338, 336(3), 340(2) B.N.S. Police Station-Kalyanpur, District
Kanpur Nagar, while declaring the arrest, detention and remand of the
petitioner No. 1 as illegal, null and void for not following the directions of
the Hon'ble Supreme Court in Mihir Rajesh vs. State of Maharashtra and
Another as well as Umang Rastogi and another vs. State of U.P. and
others.


ii. Issue a writ, order or direction in the nature of certiorari quashing the
remand order dated 08.02.2026 in Case Crime No.270 of 2025, under
Section 318(4), 338, 336(3), 340(2) B.N.S. Police Station-Kalyanpur,
District Kanpur Nagar and subsequent remand orders passed by learned
Additional Chief Judicial Magistrate, Court No.2, Kanpur Nagar.


iii. Issue a writ, order or direction in the nature of mandamus to initiate
departmental enquiry upon the actions of errant police officials of
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                                2


respondent no. 1.


iv. Issue any other writ, order or direction of suitable nature, which this
Hon'ble Court may deems fit and proper under the facts and
circumstances of the present case.


V. Award the cost of the petition in favour of the petitioners.

3. Learned counsel for the petitioners has submitted that on 08.02.2026,
petitioner no.1 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 no.1 in writing, which is evident from
the arrest memo itself. The petitioner no.1 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.

4. Learned AGA for State-respondents has opposed the submissions made
by learned counsel for the petitioners, but could not dispute the aforesaid
facts.

5. After considering the above arguments and judgement relied by the
learned counsel for the petitioners, we are of the view that the arrest of
petitioner no.1 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.

6. The aforesaid remand order and arrest memo prepared by the
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                                    respondent no.3 dated 8.2.2026 are hereby quashed.

                                    7. The above noted habeas corpus writ petition is allowed.

                                    8. Petitioner no.1 is directed to be released from custody forthwith
                                    without waiting for supply of the certified copy of this order.

                                    9. Office is directed to issue certified copy of this order to the petitioner
                                    no.1 on payment of usual charges.

                                    10. 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.

                                    11. The Remand Magistrate is directed be cautious in future while passing
                                    remand orders.

                                    12. 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.

                                    13. It is open for the respondents to proceed against the petitioner no.1
                                    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