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The decision was delivered by a division bench of Justices Siddharth and Jai Krishna Upadhyay on Friday.
File Photo: IANS
The Allahabad High Court ordered immediate release of builder Abhay Kumar, who was arrested by the police in a case of software engineer Yuvraj Mehta’s death after falling into a pit in Noida.
The decision was delivered by a division bench of Justices Siddharth and Jai Krishna Upadhyay on Friday.
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Petitioner builder Abhay Kumar had filed a habeas corpus writ petition in the Allahabad High Court. The court accepted the writ petition.
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In compliance with the order of February 3 on the petition filed by the engineer, a counter-affidavit was filed in the High Court by the AGA on behalf of the investigating officer of the case, which the court took on record.
In his petition, Abhay Kumar had requested the court to issue an order or direction to the respondents to produce and release the petitioner from their illegal custody.
The petition stated that the petitioner’s arrest, detention, and remand should be declared illegal, void, and invalid.
His counsel submitted to the court that the requirement of Clause 13 of the arrest memo was not followed in this case, nor was the petitioner informed of it before the arrest.
The court observed that the arrest rules were disregarded in this case.
Considering this, the court directed the concerned authorities to immediately release Abhay Kumar.
The court directed the AGA to immediately inform the concerned authorities about this order to ensure its compliance and not to wait for the certified copy of the order to be issued.
27-year-old software engineer Yuvraj Mehta was drowned in a Noida ditch on January 18 night when he was returning home from his office Guguram.
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