HABC/457/2026 of KESAR SINGH Vs STATE OF U.P. AND 9 OTHERS

HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 457 of 2026 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 certiorari quashing the arrest memo dated 04.09.2024 and remand order dated 04.09.2024 passed by the Additional Chief Judicial Magistrate, Court No. 16, Allahabad. (ii). Issue any other writ, order or direction in the nature of mandamus declare illegal arresting, illegal detention and illegal custody of the petitioner dated 03.09.2024 and 04.09.2024 by the respondent no. 9 and 10, and 16- days illegal detention and illegal custody is wholly illegal null and void and take a strict action against the respondents 9 and 10. (iii) Issue any other writ, order or direction in the nature of mandamus initiate the contempt proceeding against the respondent no. 8, 9 and 10 according to the Hon'ble Supreme Court case of Vihaan Kumar vs. Haryana, decided on 07.02.2025, case of D.K. Basu v. State of West Bengal (1997) and case of Mihir Rajkesh Shah Vs. State of Maharashtra (2025) and case of Pankaj Bansal Vs. Union of India (2024).  (iv) Issue any other writ, order or direction in the nature of mandamus to initiate the departmental enquiry and magisterial enquiry upon the action of errant police officers and other persons/respondents."  2. Heard Learned counsel for the petitioner and learned AGA for the State respondents and perused the writ petition and the annexures therewith. Versus Counsel for Petitioner(s) : Brijesh Kumar Tiwari, Sharad Chand Rai Counsel for Respondent(s) : G.A. Kesar Singh .....Petitioner(s) State Of U.P. And 9 Others .....Respondent(s) 3. Learned counsel for the petitioner points out that no good ground of arrest has been mentioned in the arrest memo of the petitioner. Even otherwise, the old proforma has been used by the Investing Officer. Further, the remand order dated 04.09.2024 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 are held to be illegal. The remand order dated 04.09.2024 passed by the learned Remand Magistrate, District Prayagraj in Case Crime No. 151 of 2024 u/s 329, 308, 303, 304 of Bhartiya Nyaya Sahnita (B.N.S), 2023, P.S. Airport, District Prayagraj, 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. May 6, 2026 Shubham HABC No. 457 of 2026 2 (Vinai Kumar Dwivedi,J.)   (Siddharth,J.) Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad