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Noida techie’s death: Allahabad HC orders release of arrested builder

The court noted that the police did not provide an arrest memo to the accused disclosing the grounds of arrest — a violation of HC directions.

The bench directed the authorities to release the petitioner on grounds that the police made the arrest in violation of a High Court direction. (Express Photo)The bench directed the authorities to release the petitioner on grounds that the police made the arrest in violation of a High Court direction. (Express Photo)

The Allahabad High Court Thursday ordered the release of Abhay Kumar, director of real estate firm Wiztown Planners Ltd, noting that his arrest in connection with the Noida engineer’s death last month was made without following mandatory procedures.

On January 16, software engineer Yuvraj Mehta drowned after his car plunged into a deep pit full of water in Noida’s Sector 150 — even as he screamed for help for around two hours. The Gautam Buddha Nagar Police arrested Kumar on January 20 on charges of culpable homicide, causing death by negligence and negligent act endangering human life. Wiztown had been in possession of the land since 2019-20.

Hearing a habeas corpus petition filed by Kumar challenging his arrest, a division bench of Justices Siddharth and Jai Krishna Upadhyay directed the authorities concerned to release the petitioner on grounds that the police made the arrest in violation of a High Court direction by not providing the arrest memo to the accused disclosing the grounds of arrest.

Significantly, hearing a similar habeas corpus petition on January 22, the same division bench had ordered release of a man, Umang Rastogi, who had challenged his arrest on the same grounds of not being served an arrest memo by the Gautam Buddha Nagar Police.

In the present petition, builder Kumar sought directions for his release from illegal custody and to declare the arrest, detention and remand illegal, null and void for not following set legal procedures. The petition also prayed to quash the remand orders passed by the Chief Judicial Magistrate of Gautam Buddha Nagar.

Relying on the judgment passed in the Umang Rastogi case, Kumar’s counsel submitted that in this case too, requirement of Clause 13 of the arrest memo was not complied with nor was it supplied to the petitioner before his arrest.

On January 16, software engineer Yuvraj Mehta drowned after his car plunged into a deep pit full of water in Noida’s Sector 150. (Express Photo) On January 16, software engineer Yuvraj Mehta drowned after his car plunged into a deep pit full of water in Noida’s Sector 150. (Express Photo)

The division bench, after hearing the submissions, observed, “… We find that the facts of this case are covered by the aforesaid judgment of this Court… by violation of Clause 13 of memo of arrest, arrest of accused was made.”

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“In view of above, the authority concerned is directed to release the corpus/petitioner forthwith,” the court directed in its order.

In its January 22 order, the division bench had issued directions to the UP DGP to strictly deal with police officials not disclosing grounds of arrest to the accused, in the prescribed document, while making the arrest. It had also said such officers should face a departmental inquiry after suspension to stop them indulging in such “illegality”.

Bhupendra Pandey is the Resident Editor of the Lucknow edition of The Indian Express. With decades of experience in the heart of Uttar Pradesh’s journalistic landscape, he oversees the bureau’s coverage of India’s most politically significant state. His expertise lies in navigating the complex intersections of state governance, legislative policy, and grassroots social movements. From tracking high-stakes assembly elections to analyzing administrative shifts in the Hindi heartland, Bhupendra’s reportage provides a definitive lens on the region's evolution. Authoritativeness He leads a team of seasoned reporters and investigators, ensuring that The Indian Express’ signature "Journalism of Courage" is reflected in every regional story. His leadership is central to the Lucknow bureau’s reputation for breaking stories that hold the powerful to account, making him a trusted figure for policy analysts, political scholars, and the general public seeking to understand the nuances of UP’s complex landscape. Trustworthiness & Accountability Under his stewardship, the Lucknow edition adheres to the strictest standards of factual verification and non-partisan reporting. He serves as a bridge between the local populace and the national discourse, ensuring that regional issues are elevated with accuracy and context. By prioritizing primary-source reporting and on-the-ground verification, he upholds the trust that readers have placed in the Express brand for nearly a century. ... Read More

 

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