Prayagraj: The Allahabad High Court has held the arrest of a man accused of abetting a woman’s suicide to be unlawful, finding that the reasons for his arrest were never communicated to him, and has ordered the Superintendent of Police, Farrukhabad, to register an FIR against the investigating officer for allegedly fabricating the document.
A Division Bench of Justice Atul Sreedharan and Justice Achal Sachdev passed the order on 04.11.2026 in a habeas corpus petition filed by Mohd. Yaseen. According to the record he was arrested on 14.09.2026 in the case of the death of the complainant’s daughter, registered under Section 108 of the Bharatiya Nyaya Sanhita, though he said he was taken into custody a day earlier when he went to the police station with his lawyer to join the investigation. His bail application had been rejected by the court concerned.
The petitioner’s counsel argued that the arrest memo was deficient in material particulars on the reasons for arrest. The State countered that the arrest memo and the reasons for arrest were prepared separately and handed over to the petitioner on 14.09.2026, and produced a copy, on police instructions, that allegedly bore his signature.
On comparison, the court found that the State’s copy of the arrest memo was identical to the one in the petition. However, the reasons-for-arrest document at page 46 of the petition mentioned only Section 108 of the BNS. It lacked the statements, present in the State’s copy, that a case had been registered and that evidence indicated the deceased died by suicide due to harassment by the petitioner.
The court concluded that the only logical inference was that the reasons for arrest were never supplied to the petitioner, and that the additional text was later inserted by the investigating officer. It held that the papers placed before the remand Magistrate and the bail court therefore appear to disclose an offence under Chapter XIV of the BNS, relating to false evidence and offences against public justice. The court said it “deprecates such action on the part of the police for fabricating evidence,” done to satisfy the arrest requirements and to deny him relief in remand and bail proceedings.
Holding that the grounds of arrest were not communicated as required by the Supreme Court’s rulings, the court declared the arrest unlawful and directed that the petitioner be released forthwith, if not wanted in any other case. The Superintendent of Police, Farrukhabad, must forthwith register an FIR against the investigating officer under the relevant provisions of that Chapter and file a compliance report within seven days.
The matter is listed on 16.11.2026, and the order is to be sent to the SP, the District Judge and the Magistrate concerned.
Case Title: Mohd. Yaseen vs. State of U.P. & 3 Others, Habeas Corpus Writ Petition No. 1626 of 2026
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