Allahabad High Court
RAVIKANT YADAV AND ANOTHERversusSTATE OF U.P. AND 6 OTHERS
- Decided
Holding
The arrest, detention and remand of the petitioner were illegal as the arrest memo lacked a valid ground and the remand order was passed without application of mind, warranting quash and immediate release.
Summary
Petitioner Ravikant Yadav filed a habeas corpus petition alleging illegal arrest and remand, contending that the arrest memo lacked any valid ground and the remand order was issued on a printed proforma without application of mind. The petition relied on prior judgments, including Mihir Rajesh v. State of Maharashtra, Umang Rastogi v. State of U.P., and Sangam Lal v. State of U.P., to argue non‑compliance with procedural requirements. The Court examined the arrest documentation and the remand order dated 09.05.2025 and found them deficient, thereby violating established legal standards. Consequently, the Court held the arrest, detention, and remand to be illegal, quashed the remand order, and directed the immediate release of the petitioner. The writ petition was allowed, though the respondents were permitted to initiate fresh proceedings if warranted.
Issues considered
- Whether the arrest of the petitioner was lawful in view of the absence of a valid ground in the arrest memo.
- Whether the remand order dated 09.05.2025 was valid given the lack of application of mind and procedural compliance.
- Whether the respondents complied with the directions of the Apex Court in Mihir Rajesh v. State of Maharashtra and other precedents.
Legislation cited
- Indian Penal Code — s. 406, 420, 467, 468, 471
Subjects
- habeas corpus
- illegal detention
- remand order
- police procedure
- Indian Penal Code
- quash
- mandamus
- certiorari
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 537 of 2026
Ravikant Yadav And Another
.....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pankaj Singh, Pavan Kishore
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:
"(i) Issue a writ, order or direction in the nature of Habeas Corpus directing
the respondents to produce the corpus/petitioner no. 1 before this Hon'ble
Court and also direct the respondents to release the petitioner no. 1 (corpus)
from their illegal custody declaring the arrest, detention and remand of the
petitioner no. 1 as illegal, null and void for not following the direction of
Hon'ble Apex Court laid down in "Mihir Rajesh Vs. State of Maharashtra."
(ii) Issue a writ, order or direction in the nature of certiorari and quash the
impugned remand order dated 09.05.2025 passed by the Chief Judicial
Magistrate, Farrukhabad in Case Crime No. 0247 of 2024, under sections
420, 406 IPC, Police Station Maudarwaja, District Fatehgarh/
Farrukhabad.
(iii) Issue a writ, order or direction in the nature of mandamus directing
the respondent no. 1 to initiate department enquiry against erring police
officials."
2. Heard 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 no good ground of
arrest has been mentioned in the arrest memo of the petitioner no. 1. Even
otherwise, the old proforma has been used by the Investing Officer. Further,
HABC No. 537 of 2026
2
the remand order dated 09.05.2025 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 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
09.05.2025 passed by the learned Remand Magistrate, District Farrukhabad
in Case Crime No. 247 of 2024 u/s 420, 406, 467, 468, 471 IPC, P.S.
Maudarwaja, District Farrukhabad, 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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