TaxTMI 
TaxTMI 
2025 (4) TMI 1811
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....e of certiorari for quashing the impugned remand order dated 26.12.2024 passed by the learned Magistrate in First Information report dated 15.02.2024 registered as Case Crime No.77 of 2024, under Sections 420, 467, 468, 469, 406, 504, 506 IPC, Police Station Milak, District Rampur, and to direct the release of the petitioner on personal bond as the investigation is still ongoing. 3. Shri Anupam Verma, learned counsel for the petitioner submits that the core issue involved in the petition is not the merits of the allegations mentioned in the FIR but the illegality in the process of arrest and procedural lapses during the remand proceedings. He places reliance upon the arrest memo and states that it was a printed proforma which did not con....
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....ovides that every police officer or other person arresting any person without a warrant shall forthwith communicate to him the full particulars of the offence or other grounds for such arrest. He places further reliance upon Section 50A Cr.P.C. (now Section 48 BNSS), which imposes an obligation on the arresting officer to inform a nominated person about the arrest and mandates that such information must be recorded in a register maintained at the police station. It is further submitted that the Magistrate, before whom the arrested person is produced, must ensure compliance with sub-sections (2) and (3). It is argued that the remand order is mechanical and does not reflect any judicial satisfaction regarding the necessity of judicial custody....
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....d with the grounds of arrest as mandated under Section 50 Cr.P.C. (now Section 47 BNSS), and only an arrest memo lacking such details was provided. Upon examination of the record and instructions, we have no hesitation in holding that neither the reasons nor grounds for arrest were communicated in writing to the petitioner at the time of arrest, thereby violating the constitutional safeguards under Article 22(1) and the statutory mandate under Section 50 Cr. P.C. The arrest memo and remand orders on record (Annexure-1 to the writ petition) reflect that only a printed format memo was provided, without mentioning grounds of arrest. Further, the right to access legal aid is a valuable right of the accused, who must be informed of his right to ....
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....onstituting the grounds is imparted and communicated to the arrested person effectively in the language which he understands. The mode and method of communication must be such that the object of the constitutional safeguard is achieved; c) When arrested accused alleges non-compliance with the requirements of Article 22(1), the burden will always be on the Investigating Officer/Agency to prove compliance with the requirements of Article 22(1): d) Non-compliance with Article 22(1) will be a violation of the fundamental rights of the accused guaranteed by the said Article. Moreover, it will amount to a violation of the right to personal liberty guaranteed by Article 21 of the Constitution. Therefore, non- compliance with the ....
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....resent appeal, the appellant has challenged both his arrest and the remand order dated 30.12.2024 on three grounds, namely, there is a clear non-compliance of the mandate under Section 41-A of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'); the appellant was not heard at the time of remand and the grounds of arrest as mandated under Section 50 of the Code have not been furnished to the appellant as against the mere arrest memo. 4. We are inclined to consider only the last issue raised by the appellant with respect to the non- furnishing of the grounds of arrest. 5. Upon perusing annexure P-3, we can see that what has been provided to the appellant is only an arrest memo in the prescrib....