Allahabad High Court
MINOR X AND ANOTHERversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The arrest, detention, and remand of petitioner No.1 are illegal and the remand order is quashed.
Summary
The petitioners, including a minor, filed a habeas corpus petition seeking the release of petitioner No.1, alleging that his arrest memo was incomplete and the remand order was issued on a printed proforma without proper judicial consideration. The petition relied on prior judgments (Umang Rastogi v. State of U.P. and Sangam Lal v. State of U.P.) to argue procedural violations. The Court examined the arrest memo and the remand order dated 07.04.2026 and found them deficient, concluding that the arrest, detention, and remand were illegal. Consequently, the Court quashed the remand order and directed the immediate release of petitioner No.1 without awaiting a certified copy of the order. The writ petition was allowed, with a note that the respondents may initiate fresh proceedings if they wish.
Issues considered
- Whether the arrest memo of petitioner No.1 complied with statutory requirements.
- Whether the remand order dated 07.04.2026 was valid in view of procedural requirements and prior case law.
- Whether the detention of petitioner No.1 was lawful under the Bhartiya Nyaya Sahnita, 2023.
Legislation cited
- Bhartiya Nyaya Sahnita (B.N.S), 2023 — s. 109(1), 3(5), 351(2)
Subjects
- Habeas corpus
- Illegal detention
- Arrest memo
- Remand order
- Bhartiya Nyaya Sahnita
- Procedural lapse
- Release of detainee
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 536 of 2026
Minor X And Another
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Gaurav Tiwari, Mumtaz Ahmad
Siddiqui, Riyaz Ahmad Siddiqui
Counsel for Respondent(s) : G.A.
Court No. - 44
HON'BLE SIDDHARTH, J.
HON'BLE VINAI KUMAR DWIVEDI, J.
1. This petition has been filed praying for following reliefs:
"(1) A writ, order or direction in the nature of Habeas Corpus for production
of the corpus i.e. petitioner no. 1 before this Hon'ble Court and allow the
corpus to meet the petitioner no. 2 without any interference and to set him at
liberty from detention and custody of respondent no. 5."
2. Heard Shri Ankit Tandon and Shri Riyaz Ahmad Siddiqui, learned
counsel for the petitioners and learned AGA for the State-respondents and
perused the writ petition and the annexures therewith.
3. Learned counsel for the petitioners points out that arrest memo of the
petitioner no. 1 is incomplete and does not contain the grounds of arrest.
Further, the remand order dated 07.04.2026 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 under Section
482 No. 3963 of 2022 Sangam Lal Vs. State of U.P. and Others.
4. Learned AGA has opposed the submission but could not dispute the
aforesaid fact.
5. In view of the above, the impugned order of arrest, detention and remand
of the petitioner no. 1 are held to be illegal. The remand order dated
HABC No. 536 of 2026
2
07.04.2026 passed by the learned Remand Magistrate, District Moradabad in
Case Crime No. 201 of 2026 u/s 109(1), 3(5), 351(2) of Bhartiya Nyaya
Sahnita (B.N.S), 2023, P.S. Civil Lines, District Moradabad, is hereby
quashed. The arrest and detention of the petitioner no. 1 is held to be illegal.
He is directed to be released forthwith without waiting for supply of certified
copy of this order.
6. The writ petition is allowed.
7. However, it is open for the respondents to proceed against the petitioners
afresh in accordance with law.
(Vinai Kumar Dwivedi,J.) (Siddharth,J.)
May 6, 2026
Shubham
Digitally signed by :-
SHUBHAM KUMAR AGRAHARI
High Court of Judicature at Allahabad
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