
Noida techie death: High Court orders release of builder weeks after drowning case
India Today
Noida techie death: High Court orders release of builder weeks after drowning case
The Allahabad High Court has ordered the immediate release of builder Abhay Kumar in connection with the Noida techie drowning case, holding that his arrest violated an earlier High Court order.
A Division Bench of Justice Siddharth and Justice Jai Krishna Upadhyay allowed a habeas corpus petition filed on Kumar’s behalf and ruled that the police action was illegal.
The petition sought the issuance of a writ of habeas corpus, seeking Kumar’s release and production from what was described as illegal custody.
It also sought a declaration that his arrest, detention and remand were illegal, null and void for not following the Supreme Court’s directions in Mihir Rajesh vs State of Maharashtra and Another.
The plea further sought quashing of the remand orders dated Jan 20 and 21, along with subsequent remand orders passed by the Chief Judicial Magistrate, Gautam Budh Nagar. It also sought directions to initiate a departmental inquiry against the errant police officials.
Senior counsel appearing for Abhay Kumar relied on the High Court’s judgment in Umang Rastogi and Anr vs. State of U.P., arguing that the requirement of Clause 13 of the arrest memo had not been complied with and that the same was not supplied to the petitioner before effecting his arrest.













