The Allahabad High Court has declared the arrest of Mohd. Yaseen unlawful after finding discrepancies between the arrest documents supplied to him and those later produced by the police. The Court ordered his immediate release and directed the Superintendent of Police, Farrukhabad, to register an FIR against the investigating officer.
Background
The case arose from the death by suicide of the complainant's daughter. The allegation was that she had been subjected to harassment by the petitioner. Yaseen was arrested on September 14, 2026, although he claimed that police had taken him into custody a day earlier when he visited the police station with his lawyer to join the investigation.
His counsel argued that the arrest memo did not contain the necessary particulars explaining the reasons for his arrest.
The Division Bench of Justice Atul Sreedharan and Justice Achal Sachdev examined the documents produced by both sides. It found that the arrest memo was identical, but the reasons for arrest supplied to Yaseen differed from the version subsequently presented by the investigating officer.
The copy given to Yaseen mentioned only Section 108 of the Bharatiya Nyaya Sanhita (BNS). It did not contain the additional particulars about the registration of the case and the evidence allegedly connecting him with the deceased's suicide.
The Court observed:
"The only inescapable inference is that the later part given to the reasons for arrest has been inserted by the investigating officer and subsequently the papers placed before the remand Magistrate and the papers placed before the learned court for deciding the bail application (bail application was rejected) reflect that an offence under Chapter XIV of the BNS relating to 'false evidence and offence against public justice', appears to have been committed by the investigating officer."
Expressing serious concern, the Bench further stated:
"This Court deprecates such action on the part of the police for fabricating evidence only in order to satisfy the reasons for arrest and the memo of arrest which were never given to the petitioner and to deny him the relief in the remand proceedings and bail proceedings."
Holding that the reasons and grounds of arrest had not been communicated in accordance with the law laid down by the Supreme Court, the High Court declared the arrest unlawful.
The Court directed Yaseen's immediate release, if he was not wanted in any other case. It also directed the Superintendent of Police, Farrukhabad, to register an FIR against the investigating officer under the relevant provisions of Chapter XIV of the BNS and submit a compliance report within seven days.
The matter was listed for November 16, 2026.
Case Details
Case Title: Mohd. Yaseen v. State of U.P. and 3 Others
Case Number: Habeas Corpus Writ Petition No. 1626 of 2026
Judges: Justice Atul Sreedharan and Justice Achal Sachdev
Decision Date: November 4, 2026
