Ashish Upadhyay vs State Of Uttar Pradesh And 4 Others on 12 May, 2026

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Allahabad High Court

Ashish Upadhyay vs State Of Uttar Pradesh And 4 Others on 12 May, 2026

Bench: Siddharth





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2026:AHC:109499-DB
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
HABEAS CORPUS WRIT PETITION No. - 589 of 2026   
 
   Ashish Upadhyay    
 
  .....Petitioner(s)   
 
 Versus  
 
   State Of Uttar Pradesh And 4 Others    
 
  .....Respondent(s)       
 
   
 
  
 
Counsel for Petitioner(s)   
 
:   
 
Lavlesh Kumar Sharma, Sr. Advocate, Umesh Chandra Shukla   
 
  
 
Counsel for Respondent(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 44
 
   
 
 HON'BLE SIDDHARTH, J.

HON'BLE VINAI KUMAR DWIVEDI, J.

1. This petition has been filed praying for following reliefs:

"(i) issue a writ, order or direction in the nature of Habeas Corpus declaring the detention, arrest, remand and custody of petitioner as illegal and arbitrary by quashing the order dated 02.05.2026 passed by learned Chief Judicial Magistrate, Jhansi in Case Crime No. 215 of 2026, under Sections 111(2) Bhartiya Nyaya Sanhita (B.N.S.), 2023 and Section 3/13 of the Public Gambling Act, 1867 relating to Police Station Nawabad, District Jhansi.

(ii). issue a writ, order or direction in the nature of mandamus commanding the respondent no. 2 to release the petitioner (detenue) forthwith from judicial custody (illegally detained in District Jail Jhansi, District Jhansi in Case Crime No. 215 of 2026, under Sections 111(2) Bhartiya Nyaya Sanhita (B.N.S.), 2023 and Section 3/13 of the Public Gambling Act, 1867 relating to Police Station Nawabad, District Jhansi."

2. Heard Sri Amit Daga, learned Senior Counsel assisted by Mr. Lavlesh Kumar Sharma, learned counsel for the petitioner and learned AGA for the State respondents and perused the writ petition and the annexures therewith.

3. Sri Daga, learned Senior Counsel for the petitioner points out that no good ground of arrest has been mentioned in the arrest memo of the petitioner. Even otherwise, the old proforma has been used by the Investing Officer. Further, the remand order dated 02.05.2026 has been passed on a printed proforma, which shows non-application of mind in view of the judgment of this Court in the case of Umang Rastogi and another Vs. State of U.P. and others passed in Habeas Corpus Writ Petition No. 35 of 2026 and judgment of Lucknow Bench of this Court in Application under Section 482 No. 3963 of 2022 Sangam Lal Vs. State of U.P. and Others.

4. Learned AGA has opposed the submission but could not dispute the aforesaid fact.

5. In view of the above, the impugned order of arrest, detention and remand of the petitioner are held to be illegal. The remand order dated 02.05.2026 passed by the learned Remand Magistrate, District Jhansi in Case Crime No. 215 of 2026, under Sections 111(2) Bhartiya Nyaya Sanhita (B.N.S.), 2023 and Section 3/13 of the Public Gambling Act, 1867 relating to Police Station Nawabad, District Jhansi, is hereby quashed. The arrest and detention of the petitioner is held to be illegal. He is directed to be released forthwith without waiting for supply of certified copy of this order.

6. The writ petition is allowed.

7. However, it is open for the respondents to proceed against the petitioner afresh in accordance with law.

(Vinai Kumar Dwivedi,J.) (Siddharth,J.) May 12, 2026 Shubham

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