Allahabad High Court Orders Immediate Release of Builder in Noida Techie Death Case
The Allahabad High Court has issued a significant order for the immediate release of Abhay Kumar, the director of MZ Wiztown Planners. This decision came after the court found that his arrest in connection with the death of a software engineer in Noida was conducted without adhering to mandatory legal procedures.
Court Cites Failure to Follow Arrest Protocol
A bench comprising Justices Siddhartha and Jai Krishna Upadhyay delivered the ruling on Thursday, allowing a habeas corpus petition filed on Kumar's behalf. The court observed that the police had failed to comply with clause 13 of the arrest memo, which requires informing the accused of the reasons for their arrest and providing them with a copy of the memo before taking them into custody.
The bench emphasized that this procedural lapse rendered the arrest illegal. The order specifically quashed the judicial remand orders issued by the Chief Judicial Magistrate (CJM) of Gautam Buddha Nagar on January 20 and January 21, as well as any subsequent remand orders.
Legal Arguments and Precedents
Kumar's counsel relied heavily on the high court's previous judgment in the case of Umang Rastogi vs State of Uttar Pradesh. They argued that, similar to that case, the clause-13 requirement of the arrest memo had not been fulfilled in Kumar's arrest.
The habeas corpus petition sought multiple reliefs, including:
- A direction to the respondents to produce and release Kumar from what was deemed illegal custody.
- A declaration that his arrest, detention, and remand were illegal, null, and void.
- The quashing of the remand orders through a writ of certiorari.
The plea asserted that the Supreme Court's directions in the Mihir Rajesh vs State of Maharashtra case were not followed during Kumar's arrest, further strengthening the argument for his release.
Background of the Case
Abhay Kumar was arrested by the Greater Noida Police following the registration of an FIR related to the tragic death of 27-year-old software engineer Yuvraj Mehta. The incident occurred on January 16 when Mehta's car fell into a water-filled trench at an undeveloped site in Sector 150, Noida, leading to his drowning.
The trench had developed due to inadequate stormwater management, and the site had remained undeveloped under the control of Wiztown Planners for several years. This raised questions about responsibility and negligence, prompting the police action against Kumar.
However, the high court's focus remained squarely on the procedural aspects of the arrest rather than the merits of the case itself. By highlighting the failure to inform Kumar of the reasons for his arrest and provide the necessary documentation, the court underscored the importance of due process in criminal proceedings.
This ruling serves as a reminder of the legal safeguards in place to protect individuals from arbitrary detention. It also sets a precedent for similar cases where arrest procedures may not have been meticulously followed, potentially influencing future judicial decisions in Uttar Pradesh and beyond.
