AMIT KUMAR S/O SHRI VIJAY SINGH v. THE STATE OF RAJASTHAN
HC/297/2025 · 2025-09-01
Bhuwan Goyal, Inderjeet Singh
Transfer Petitionbody2025
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[ 2025 DAILYLAW 27708 (RAJ) · dailylaw.ai ]
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[ 2025 DAILYLAW 27708 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:34902-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Habeas Corpus Petition No. 297/2025
1. Amit Kumar S/o Shri Vijay Singh, Aged About 30 Years, R/o Qtr. No. 10, Sector-09C, Bokaro Steel City, Police Station- Harla, District- Bokaro (Jharkhand), Through Wife- Pushpa Choudhary, Aged 27 Years At Present Residing And 82, Shyam Nagar, Golyawas, Mansarover, Jaipur.
2. Alok Singh S/o Shri Babu Singh, Aged About 42 Years, R/ o H.no. 151, Vridh Mansarover (Vardhman Nagar), Ganpatpura, Patrakar Colony, Police Station- Mansarover, Jaipur. Through Wife- Suman, Aged 38 Years, At Present Residing At H.no. 151, Vridh Mansarover (Vardhman Nagar), Ganpatpura, Patrakar Colony, Mansarover, Jaipur. (At Present Both In Judicial Custody- Central Jail, Jaipur) ----Petitioners Versus
1. The State Of Rajasthan, Through Chief Secretary, Govt. Secretariate, Statue Circle, B.d. Road, Jaipur.
2. The A.c.s. Home, Govt. Secretariate, Statue Circle, B.d. Road, Jaipur.
3. The D.g.p. Rajasthan Police, Police H.q. Lal Kothi, Jaipur (Raj.)
4. The Superintendent Of Jail, Jaipur Central Jail, Jaipur (Raj.)
5. A.c.p. Mansarover, Jaipur Metropolitan (South), Jaipur
[2025:RJ-JP:34902-DB] (2 of 3) [HC-297/2025] (Raj.)
6. The S.h.o. Shipra Path, Jaipur Metropolitan (South), Jaipur (Raj.)
7. The A.d.g. Police, Anti Human Trafficking Unit, Jaipur. ----Respondents For Petitioner(s) : Dr. Mithilesh Kumar For Respondent(s) : Mr. Rajesh Choudhary, GA-cum-AAG with Mr. Aman Kumar, AAAG HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL
Order 01/09/2025 This petition has been filed by the petitioners challenging the
order dated 06.07.2025 passed by the learned Judicial Magistrate No. 3, Jaipur Metro-I (hereinafter referred to as "the learned Trial Court"), whereby the learned Trial Court granted police remand of the petitioners for two days for the purpose of interrogation.
Learned counsel for the petitioners submits that the grounds of arrest were not furnished to the petitioners at the time of arrest, thereby rendering the detention is illegal. In support of his contention, he has placed reliance upon the judgment of the Hon’ble Supreme Court in Kasireddy Upendra Reddy vs. State of Andhra Pradesh and Others, reported in (2025) IN SC
768. Per contra, learned Government Advocate-cum-Additional Advocate General has opposed the submissions advanced on
[2025:RJ-JP:34902-DB] (3 of 3) [HC-297/2025] behalf of the petitioners and supported the impugned order passed by the learned Trial Court. Heard learned counsel for the parties and perused the material available on record. On consideration of the submissions made and the facts of the case, it is admitted that the petitioners are aggrieved by the
order dated 06.07.2025 passed by the learned Trial Court. However, it is pertinent to note that the petitioners are currently in custody pursuant to a judicial order, and as such, their detention cannot be termed illegal at this stage. Furthermore, it is open for the petitioners to avail the alternative remedy available to them under the law to challenge the impugned order before the appropriate forum. In view of the aforesaid, no case for interference is made out by this Court in exercise of its writ jurisdiction. Accordingly, the petition is dismissed. All pending application(s), if any, shall also stand disposed of.
(BHUWAN GOYAL),J (INDERJEET SINGH),J Upendra Pratap Singh /24