SATYABHAN YADAV @ GOLUversusSTATE OF U.P. AND 2 OTHERS

         HIGH COURT OF JUDICATURE AT ALLAHABAD
            HABEAS CORPUS WRIT PETITION No. - 493 of 2026

Satyabhan Yadav @ Golu
                                                              .....Petitioner(s)
                                    Versus

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

Counsel for Petitioner(s)        : Krishn Kumar, Sandesh             Niranjan,
                                   Shravan Kumar Yadav
Counsel for Respondent(s)        : G.A.

Court No. - 44
                 HON'BLE SIDDHARTH, J.
                 HON'BLE VINAI KUMAR DWIVEDI, J.

1. Heard Mr. Anupam Kumar, learned counsel for the petitioner and learned
A.G.A. for the respondents-State.

2. Learned counsel for the petitioner submits that an F.I.R. bearing No. 1478
of 2025 was registered on 24.12.2025 at 22:52 hours under various
provisions. It is evident from the record that on the same date, a notice under
Section 35(3) of BNSS was issued granting two days' time to appear before
the Investigating Officer. However, in blatant violation of Section 35(5) of
BNSS, without awaiting any non-compliance of the said notice, the
petitioner was shown to have been arrested on 25.12.2025 at 20:30 hours.
The learned Remand Magistrate, without due application of judicial mind,
and in disregard of statutory safeguards, mechanically remanded the
petitioner to judicial custody through a printed proforma order devoid of any
recorded satisfaction. Further, despite the petitioner submitting a detailed
written complaint before the Magistrate disclosing cognizable offences, no
direction for investigation was issued. Subsequently, two additional FIRs
were engineered at the instance of the Superintendent of Police, Lalitpur,
with identical formatting and drafting, purportedly to fabricate criminal
antecedents. Further, the remand order dated 26.12.2025 has been passed on
a printed proforma, which shows non-application of mind in view of the
judgment of this Court in the case of Umang Rastogi and another Vs.
State of U.P. and others passed in Habeas Corpus Writ Petition No. 35
of 2026 and judgment of Lucknow Bench of this Court in Application
                                                                                                  HABC No. 493 of 2026
                                                                       2


                                    under Section 482 No. 3963 of 2022 Sangam Lal Vs. State of U.P. and
                                    Others

                                    3. Learned A.G.A. has opposed the submission but could not dispute the
                                    aforesaid fact.

                                    4. In view of the above, it is clear that there is blatant violation of Section
                                    35(5) of BNSS. The remand order dated 26.12.2025 passed by the learned
                                    Remand Magistrate, District Lalitpur in Case Crime No. 1478 of 2025 u/s
                                    316(2), 352, 351(3), 126(2), 308(5) Bhartiya Nyaya Sahnita (B.N.S), 2023,
                                    P.S. Kotwali, District Lalitpur, is hereby quashed. The arrest and detention
                                    of the petitioner is held to be illegal. He is directed to be released forthwith
                                    without waiting for supply of certified copy of this order.

                                    5. The writ petition is allowed.

                                    6. However, it is open for the respondents to proceed against the petitioner
                                    afresh in accordance with law.



                                                                       (Vinai Kumar Dwivedi,J.) (Siddharth,J.)
                                    May 18, 2026
                                    Shubham




Digitally signed by :-
SHUBHAM KUMAR AGRAHARI
High Court of Judicature at Allahabad