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Allahabad High Court

KARAN SAHUversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The remand order is quashed and the petitioner’s detention is declared illegal, mandating his immediate release.

Summary

Petitioner Karan Sahu filed a habeas corpus petition alleging illegal detention after a remand order was issued on a printed proforma without any application of mind. The petitioner contended that the remand order violated Articles 21 and 22 of the Constitution and cited several Supreme Court precedents on unlawful remand. The State argued that the detention was justified due to a alleged offence involving Rs. 6.5 crore. The Court examined the remand order dated 31.08.2025, found it to be a non‑application of mind and contrary to established case law, and held that the arrest and detention were illegal. Consequently, the Court quashed the remand order, directed the immediate release of the petitioner, and allowed the writ petition, while leaving open the possibility of fresh prosecution.

Issues considered

  • Whether the remand order dated 31.08.2025 was issued with due application of mind.
  • Whether the detention of the petitioner violated Articles 21 and 22 of the Constitution.
  • Whether the petitioner is entitled to relief under a writ of habeas corpus.

Legislation cited

Subjects

  • habeas corpus
  • illegal detention
  • remand order
  • Article 21
  • Article 22
  • non-application of mind
  • Indian Penal Code
  • Supreme Court precedents

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
            HABEAS CORPUS WRIT PETITION No. - 551 of 2026

Karan Sahu
                                                                 .....Petitioner(s)
                                     Versus

State Of U.P. And 3 Others
                                                             .....Respondent(s)

Counsel for Petitioner(s)        : Krishn Kumar, Navkant Singh Sengar,
                                   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. This petition has been filed praying for following reliefs:

"(i) issue a writ, order or direction in the nature of writ of Habeas Corpus
commanding and directing the respondents to produce the corpus before this
Hon'ble Court and set him at liberty forthwith.

(ii) issue a writ, order or direction in the nature of mandamus
commanding and directing the concerned magistrate to pass just and
appropriate order taking into account illegal detention of petitioners and
in view of the vitiation of subsequent remands orders in light of laid down
law in the matter of Prabir Purkayastha Versus State (NCT of Delhi)
LAWS (SC)-2024-5-46, Pankaj Bansal Versus Union of India, LAWS
(SC)-2023-10-3, Vihaan Kumar V. State of Haryana, LAWS (SC)-2025-
2-20 and Ashish Kakkar v. U.T. Chandigarh; Criminal Appeal No. 1518
of 2025 @ SLP (Crl) No. 1662 of 2025 and Kasireddy Upender Reddy v.
State of Andhra Pradesh, LAWS (SC)-2025-5-148 and as well as order
passed by this Hon'ble Court in the case of Manjeet Singh @ Manjeet
Singh Chana v. State of Uttar Pradesh and others, LAWS (ALL)-2025-4-
9, Anwar Dhebar v. State of U.P. and 2 others, CRLP No. 12507 of 2024
and Umang Rastogi and another v. State of U.P. and 3 others."

2. Learned counsel for the petitioner and learned AGA for the State-
respondents and perused the writ petition and the annexures therewith.
                                                                                               HABC No. 551 of 2026
                                                                       2


                                    3. Learned counsel for the petitioner points out that remand has been granted
                                    by the learned Remand Magistrate on printed proforma. It shows absolute
                                    non-application of mind and in view of the judgment of the Apex Court in
                                    the case of Mohammed Ajmal Mohammad Amir Kasab @ Abu Mujahid
                                    V. State of Maharashtra, (2012) 8 SCR 295, the arrest memo cannot be
                                    sustained. The remand order also cannot be sustained since it is violative of
                                    Article 21 and 22 of the Constitution of India.

                                    4. Learned AGA for the State and Mr. Amit Shukla, learned counsel for the
                                    informant have vehemently opposed the submission and submitted that the
                                    amount involved in this case is more than Rs. 6.5 crores and the petitioner
                                    has committed the alleged offence in collusion with the employees of the
                                    company of the informant.

                                    5. Be that as it may but the fact remains that there is non-application of mind
                                    apparent from the remand order dated 31.08.2025. The remand order dated
                                    31.08.2025 passed by the learned Remand Magistrate, District Lalitpur in
                                    Case Crime No. 881 of 2025 u/s 318(4), 338, 336(3), 340(2) 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.

                                    6. The writ petition is allowed.

                                    7. However, it is open for the respondents to proceed against the petitioner
                                    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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