Allahabad High Court
DASHRATH @ SOMIversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The remand order dated 21-05-2023 is quashed as illegal, and the petitioner’s detention is held to be unlawful, mandating his immediate release.
Summary
The petitioner, Dashrath @ Somi, filed a habeas corpus petition challenging his detention under a remand order dated 21-05-2023 issued by the Remand Magistrate, District Jhansi, on a printed proforma. The petition argued that the remand order showed a non‑application of mind and violated Articles 21 and 22 of the Constitution, rendering the arrest memo unsustainable. The Court examined the remand order, the lack of judicial scrutiny, and relevant Supreme Court precedents on illegal detention and procedural fairness. It held that the remand order was void, the detention illegal, and ordered the petitioner’s immediate release without awaiting a certified copy of the order. The Court also noted that the respondents could initiate fresh proceedings against the petitioner in accordance with law.
Issues considered
- What is the legality of the remand order issued on a printed proforma without application of mind?
- Does the remand order violate the constitutional rights under Articles 21 and 22?
- Can the arrest memo be sustained in view of the Supreme Court’s decision in Mohammed Ajmal Mohammad Amir Kasab v. State of Maharashtra?
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 304B, 498A
Subjects
- habeas corpus
- illegal detention
- remand order
- Article 21
- Article 22
- non‑application of mind
- IPC 498A
- IPC 304B
- Dowry Prohibition Act
- constitutional rights
- Supreme Court precedents
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 552 of 2026
Dashrath @ Somi
.....Petitioner(s)
Versus
State Of U.P. And 2 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. Mr. Anupam Verma, learned counsel for the petitioner and learned AGA
for the State-respondents and perused the writ petition and the annexures
therewith.
HABC No. 552 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 has opposed the submission but could not dispute the
aforesaid fact.
5. Be that as it may but the fact remains that there is non-application of mind
apparent from the remand order dated 21.05.2023. The remand order dated
21.05.2023 passed by the learned Remand Magistrate, District Jhansi in
Case Crime No. 102 of 2023 u/s 498A, 304B IPC and Section 3/4 D.P. Act,
P.S. Badagaon, District Jhansi, 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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