SHASHANK MISHRA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Praveen Shrivastava, learned counsel for the petitioner; Sri Paritosh Malviya, learned AGA-I for the State respondents; and perused the material available on record.

(2.) The present writ petition has been filed seeking the following relief:

(3.) The petitioner contends that an FIR bearing Case Crime No. 396 of 2023 was registered against him under Ss. 498-A, 323, 506, 120-B, and 307 of the Indian Penal Code, 1860[IPC], along with Ss. 3 and 4 of the Dowry Prohibition Act, 1961[DP Act], at Police Station Navabad, District Jhansi, on 9/10/2023. He was arrested the following day, i.e., on 10/10/2023. It is specifically asserted that at the time of his arrest, the grounds thereof were neither disclosed to him nor communicated to any of his family members or any person authorized by him. Drawing attention to the arrest memo (Annexure No. 2), learned counsel submits that the same does not indicate any distinct column containing the grounds of arrest. When the petitioner was produced before the learned Remand Magistrate on 10/10/2023, the said irregularity was overlooked. It is further pointed out, referring to Annexure No. 1, the remand sheet, that the learned Magistrate did not record any observation regarding the non-compliance by the Investigating Officer in respect of the mandatory requirement of disclosing the grounds of arrest. Furthermore, the petitioner was not granted an effective opportunity of hearing at the stage of remand proceedings.