Neutral Citation No. - 2025:AHC-LKO:27306 Court No. - 14 Case :- APPLICATION U/S 528 BNSS No. - 409 of 2025 Applicant :- Taj Mohammad Thru. His Son Ziyaul Haque Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko. And 2 Others Counsel for Applicant :- Sukh Deo Singh,Paritosh Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. 1. Heard learned counsel for the applicant and learned AGA for the State as well as perused the record. 2. The present application has been filed under Section 482 Cr.P.C. (now 528 of B.N.S.S.) by the applicant with the following prayer:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the impugned remand order dated 06/04/2025 along with subsequent orders passed by Learned Remand Magistrate, Sultanpur in First Information Report lodged by the Respondent No. 3 dated the 04/03/2025 bearing FIR No. 263/2025, 419, 420, 467, 468, 471 IPC, P.S. Kotwali Nagar, District Sultanpur, and to direct the release of the Petitioner on personal bond as the investigation is still ongoing, as contained in Annexure-2 to this Petition. To command and direct the Respondents authorities directing them to release the Petitioner as the Petitioner is illegally detained on the basis of the FIR No. 263/2025, 419, 420, 467, 468, 471 IPC, PS. Kotwali Nagar, District Sultanpur, in the interest of justice." 3. Learned counsel for the applicant has submitted that an F.I.R. dated 4.3.2025 has been lodged by Respondent No.3 against four named accused persons including the present applicant. The Investigating Officer has served an arrest memo upon the applicant and arrested him. After arrest the applicant was produced before the Remand Magistrate. The applicant for refusal of remand had moved an application on 6.4.2025 stating therein that no offence is made out against the applicant. The same was rejected and the order had been passed by the Remand Magistrate for taking the applicant under custody or under remand. 4. It is further submitted that the court concerned has failed to consider that the arrest memo issued by the Investigating Officer at the time of arrest of the applicant is not in- consonance with Section 50 of the Criminal Procedure Code and has submitted that if the arrest memo does not disclose the reason for the arrest of the applicant / accused, then the applicant / accused person cannot be arrested and in support of his submission he has relied upon judgement of Hon'ble Supreme Court in the case of Ashish Kakkar vs. UT of Channdigarh passed in Criminal Appeal No.1518 of 2025 @ SLP (CRL) No.1662/2025, the same is quoted hereinbelow: "Leave granted. The appellant was arrested on 30.12.2024 in connection with FIR No. 33/2022 registered under Sections 384, 420, 468, 471, 509 and 120B of the Indian Penal Code, 1860 and remanded to police custody for a period of 3 days. Vide the present 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 17:24:54 IST Reason: CRIMINAL APPEAL @ SLP [CRL.] NO.1662/2025 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. We are inclined to consider only the last issue raised by the appellant with respect to the non-furnishing of the grounds of arrest. Upon perusing annexure P-3, we can see that what has been provided to the appellant is only an arrest memo in the prescribed format, which is meant to be given to the appellant by way of an intimation. It has been filled up with the name of the appellant along with the place of arrest. Additionally, it has been written that he has been arrested based upon the statement of the co-accused. We are in agreement with the submission 2 CRIMINAL APPEAL @ SLP [CRL.] NO.1662/2025 made by the learned senior counsel appearing for the appellant that the said arrest memo cannot be construed as grounds of arrest, as no other worthwhile particulars have been furnished to him. This, being a clear non-compliance of the mandate under Section 50 of the Code which has been introduced to give effect to Article 22(1) of the Constitution of India, 1950 we are inclined to set aside the impugned judgment, particularly, in light of the judgment rendered by this Court reported as Prabir Purkayastha v. State (NCT of Delhi) - (2024) 8 SCC 254. In such view of the matter, the impugned judgment stands set aside and the arrest of the appellant followed by the consequential remand order are also set aside. The appellant shall be set at liberty, until and unless he is required in any other 3 CRIMINAL APPEAL @ SLP [CRL.] NO.1662/2025 case. The appeal stands allowed accordingly. Pending application(s), if any, shall also stand disposed of." 5. Learned counsel for the applicant has further submitted that Hon'ble the Supreme Court in the aforesaid case has quashed the arrest memo as well as consequential order and the case of the applicant is squarely covered by the same. 6. Learned A.G.A. has opposite the application but unable to dispute the submission made by the learned counsel for the applicant and the applicability of the judgement of Hon'ble Supreme Court in the case of Ashish Kakkar (Supra), relied upon the learned counsel for the applicant. 7. After hearing learned counsel for the parties and going through the record and the judgement of Hon'ble Supreme Court relied upon by the learned counsel for the applicant, the arrest memo issued by the Investigating Officer had not disclosed the reasons for arrest of the applicant and the Remand Magistrate without looking into the same has rejected the application made on behalf of applicant for refusal of remand and passed the impugned order / remand order against the applicant, which is bad in the eyes of law as per law settled by Hon'ble Supreme Court in the case of Ashish Kakkar (Supra). 8. In view of above, the order dated dated 06.04.2025 alongwith subsequent order passed by learned Remand Magistrate, Sultanpur in F.I.R. No.263/2025, dated 04.03.2025, under Section 419, 420, 467, 468 I.P.C., P.S. - Kotwali Nagar, District - Sultanpur, are set aside. 9. The applicant shall be set at liberty, unless required in connection with any other case. 10. The application is allowed. Order Date :- 9.5.2025 S. Kumar Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench