NAVAL SAINI AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS
CRLP/17021/2025 · 2025-09-16
Santosh Rai, Siddharth
body2025
DailyLaw.ai
[ 2025 DAILYLAW 82367 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 82367 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 17021 of 2025 Court No. - 47 HON'BLE SIDDHARTH, J.
HON'BLE SANTOSH RAI, J.
1. Heard Sri Satyendra Singh, learned counsel for the petitioners 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 26.06.2025 passed by the In-Charge Chief Judicial Magistrate, Hapur in Case Crime No. 0015 of 2025, under Sections- 318(4), 338, 339, 340(2), 61(2) of the Bhartiya Nyay Sanhita, 2023 and 66D of the Information Technology (Amendment) Act, 2008, Police Station- Cyber Crime, Bulandshahar, District- Bulandshahar.
3. Learned counsel for the petitioners 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. 0015 of 2025, under Sections- 318(4), 338, 339, 340(2), 61(2) of the Bhartiya Nyay Sanhita, 2023 and 66D of the Information Technology (Amendment) Act, 2008, Police Station- Cyber Crime, Bulandshahar, District- Bulandshahar 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 petitioners, in Versus Counsel for Petitioner(s) : Satyendra Singh Counsel for Respondent(s) : G.A. Naval Saini And 2 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
accordance with law. September 17, 2025 Rohit CRLP No. 17021 of 2025 2 (Santosh Rai,J.) (Siddharth,J.) Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad Digitally signed by :- ROHIT DAS High Court of Judicature at Allahabad