Allahabad High Court Mandates Strict Action Against UP Police for Arrest Procedure Violations
The Allahabad High Court has issued a stern directive to the Uttar Pradesh Director General of Police (DGP), ordering strict disciplinary measures against police officials who fail to disclose the grounds of arrest to accused individuals in the prescribed document during arrests. The court emphasized that such officers must face departmental inquiries after suspension to prevent them from engaging in what it termed as "illegality".
Division Bench Declares Arrest and Remand Illegal
A division bench comprising Justices Jai Krishna Upadhyay and Siddharth declared the arrest and remand of petitioner Umang Rastogi by the Noida police as "illegal, null and void". The bench was hearing a habeas corpus writ petition filed to secure the release of Rastogi from what was described as illegal custody.
The court noted that despite a circular issued by the DGP on July 25, 2025, which introduced a new arrest memo format to be used statewide, subordinate officers were not complying with it. "The purpose of the new arrest memo has been frustrated," the bench observed, highlighting systemic failures in arrest procedures.
Background of the Case
According to the petition, Rastogi's father, a resident of Haldwani, Uttarakhand, was allegedly abducted by the Bisrakh police station SHO from their business premises in Delhi and held in illegal custody for five days. During this detention, evidence was fabricated, and an FIR was registered against him under Section 317(2) of the Bharatiya Nyaya Sanhita on December 3, 2025.
After the father filed a writ petition in the Delhi High Court, police arrested Umang Rastogi from Haldwani on December 26, 2025, without disclosing the grounds of his arrest. He was produced in the Gautam Buddha Nagar district court the next day for remand but was not provided a copy of the arrest memo.
Court's Observations and Ruling
The bench found that the arrest memo lacked essential details, including:
- Grounds for arrest
- Material collected by investigating officers
- Details of sections under B.N.S.S. and supporting evidence
"The arrest of the petitioner was absolutely illegal," the court stated, adding that the failure to inform arrestees of grounds in writing renders arrests illegal. The bench set aside the remand order dated December 26, 2024, quashed Rastogi's arrest, and ordered his release unless required in another case.
Directives for Police Reform
The court directed that its order be communicated to the UP DGP through the Registrar General, with a circular issued to all Commissioners of Police, SSPs, and SPs for compliance. It criticized the "dereliction of duty" by police personnel and the "empty compliance of law" in this case, urging systemic improvements to uphold legal standards in arrests.
