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The Allahabad High Court has ordered an FIR against a police officer for allegedly adding reasons for arrest after the detention.
Why Did the High Court Order an FIR?
A Division Bench of Justice Atul Sreedharan and Justice Achal Sachdev directed the Superintendent of Police, Farrukhabad, to immediately register a First Information Report (FIR) against the investigating officer who allegedly inserted reasons for arrest into official records after the accused had already been taken into custody.
The Court found that the reasons were not communicated to the accused at the time of arrest but were subsequently added to documents submitted before the remand magistrate and trial court. The Bench observed that the investigating officer’s conduct appeared to involve offences relating to false evidence and public justice. It criticised the alleged fabrication of records intended to justify the arrest and prevent the accused from obtaining relief during remand and bail proceedings.
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What Led to the Arrest and Legal Challenge?
The proceedings arose from a habeas corpus petition filed by Mohd. Yaseen, who was arrested on September 14, 2026, in connection with a suicide case. He had visited the police station the previous day to participate in the investigation. His petition challenged the legality of his detention, alleging that the police had failed to communicate the reasons for his arrest.
In its November 4 order, the High Court examined the arrest documents and found that the copy provided to Yaseen mentioned only Section 108 of the Bharatiya Nyaya Sanhita (BNS), which deals with abetment of suicide. The document did not contain the additional particulars concerning the registered case or the alleged harassment that investigators claimed had led to the suicide.
What Did the Court Find Wrong With the Arrest?
The Bench observed that the grounds and reasons for arrest had not been communicated in accordance with the legal requirements laid down by the Supreme Court. It found that the additional reasons appearing in documents subsequently submitted to judicial authorities were absent from the arrest memorandum supplied to the petitioner.
The Court strongly criticised the investigating officer’s alleged conduct, observing that evidence appeared to have been fabricated to satisfy the requirements governing arrest. It concluded that Yaseen’s arrest was illegal because the necessary grounds had not been properly communicated to him. Accordingly, the Bench ordered his release.
What Further Action Has the Court Directed?
The High Court directed the Superintendent of Police, Farrukhabad, to ensure immediate registration of an FIR against the investigating officer. It also ordered that a compliance report be submitted within seven days, requiring the police authorities to inform the Court about the action taken.
The matter, titled Mohd. Yaseen v. State of UP and 3 Others, is scheduled for its next hearing on November 16, 2026. Advocate Satya Dheer Singh Jadaun represented the petitioner. The order addresses both the legality of the arrest and the investigating officer’s alleged alteration of official records during judicial proceedings.
