Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 77923 (ALL)

RAJESH v. STATE OF U.P. AND 4 OTHERS

CRLP/15982/2025 · 2025-07-31

Avnish Saxena, Siddharth

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:129136-DB Court No. - 47 Case :- CRIMINAL MISC. WRIT PETITION No. - 15982 of 2025 Petitioner :- Rajesh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Swetashwa Agarwal,Varad Nath Counsel for Respondent :- G.A. Hon'ble Siddharth,J. Hon'ble Avnish Saxena,J. 1. Heard Sri Swetashwa Agarwal, learned counsel for the petitioner and learned A.G.A. appearing for State-respondents and perused the material on record. 2. The present writ petition has been preferred for quashing the impugned remand order dated 20.05.2025 passed by the In-Charge Chief Judicial Magistrate, Hapur in Case Crime No. 290 of 2025, under Sections- 318(4), 338, 340(1), 340(2), 111 and 336(3) B.N.S., Police Station- Pilakhuwa, District- Hapur. 3. Learned counsel for the petitioner submits that the ground of arrest has not been mentioned in the arrest memo and, therefore, in view of the judgment of Vihaan Kumar Vs. State of Haryana, 2025 SCC Online SC 269, the remand order is not in accordance with law. 4. Accordingly, the impugned order is hereby quashed and writ petition is allowed. 5. The petitioner shall be enlarged on interim bail by the C.J.M, concerned in Case Crime No. 290 of 2025, under Sections- 318(4), 338, 340(1), 340(2), 111 and 336(3) B.N.S., Police Station- Pilakhuwa, District- Hapur on furnishing a personal bond of sum of Rs. 50,000/- (Fifty thousand) and two sureties each in the like amount to the satisfaction of the court concerned 6. It is open for the respondents to proceed against the petitioner, in accordance with law. Order Date :- 1.8.2025 Abhishek Sri. (Avnish Saxena,J.) (Siddharth,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad