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Summary of Judgment – Santosh Gupta Through Nephew Nitin Gupta vs State of U.P.

Habeas Corpus Writ Petition No. 144 of 2026

Allahabad High Court, Lucknow Bench

Coram: Hon’ble Justice Abdul Moin & Hon’ble Justice Pramod Kumar Srivastava

Facts of the Case

The petitioner challenged her arrest, detention, remand order dated 10.04.2026 passed by the Chief Judicial Magistrate, Balrampur, and sought release through a writ of habeas corpus. The FIR was registered as Crime No. 317 of 2025 under several provisions of the Bharatiya Nyaya Sanhita (BNS), including Sections 316(2), 316(5), 319(2), 340(2), 336(3), 338, 337 and 318(4).

Main Reliefs Sought

The petitioner requested:

1. Declaration that the arrest, detention and remand were illegal and unconstitutional.
2. Quashing of the remand order dated 10.04.2026 passed by the CJM, Balrampur.
3. Immediate release from custody.

Court’s Observation

The Court observed that the controversy was fully covered by the earlier Division Bench judgment in Manoj Kumar vs State of U.P. and Others [2026:AHC-LKO:31073-DB].

Judgment / Holding

The High Court allowed the habeas corpus petition and held:

1. The arrest of the petitioner was illegal.
2. Since the arrest itself was illegal, the remand order dated 10.04.2026 was also liable to be set aside.
3. The petitioner was directed to be released forthwith, provided she was not wanted in any other case.
4. However, the Court clarified that the authorities were free to proceed again in accordance with law.

Important Legal Principle

During hearing, the learned Additional Advocate General referred to the Supreme Court judgment in:

Mihir Rajesh Shah Vs. State of Maharashtra

The State informed the Court that directions had already been issued to police authorities across Uttar Pradesh to ensure:

1. Grounds and reasons for arrest must be communicated to the arrested person.
2. Arrests must strictly comply with the provisions of the BNSS, 2023.

Key Takeaway

This judgment reiterates that:

1. If the arrest itself is illegal, the remand order automatically becomes unsustainable.
2. Police authorities must communicate the grounds of arrest to the accused.
3. Non-compliance with procedural safeguards under BNSS can lead to release through habeas corpus jurisdiction.

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Orginal judgement link from High Court official sites links

https://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=13361977

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