The Allahabad high court on Thursday ordered the release of Abhay Kumar, director of MZ Wiztown Planners, who was arrested last month in connection with the death of software engineer Yuvraj Mehta, 27, who drowned after his car fell into a waterlogged pit near a construction site in Noida last month.
A bench comprising justice Siddharth and justice Jai Krishna Upadhyay allowed the habeas corpus petition filed on behalf of Kumar. The bench observed that Kumar’s arrest violated the high court’s recent judgement in Umang Rastogi and Another vs State of U.P. and 3 Others, specifically Clause 13 of the arrest memo. The clause mandates that the police record specific details justifying an arrest, including material demonstrating the accused’s involvement, the necessity of arrest based on evidence collected, and particulars of documentary or electronic evidence.
The petitioner had sought a direction to the authorities to produce and release Kumar from what was termed illegal custody, and a declaration that his arrest, detention and remand were illegal and void, citing non-compliance with the Supreme Court’s directions in Mihir Rajesh vs State of Maharashtra. Allowing the plea, the high court also quashed the remand orders issued by the chief judicial magistrate on January 20 and 21.
Kumar was arrested by Greater Noida police following the registration of an FIR in connection with the death of 27-year-old Yuvraj Mehta, who drowned after his car plunged into a water-filled trench at an undeveloped site in Sector 150, Noida, on January 16.
{{/usCountry}}Kumar was arrested by Greater Noida police following the registration of an FIR in connection with the death of 27-year-old Yuvraj Mehta, who drowned after his car plunged into a water-filled trench at an undeveloped site in Sector 150, Noida, on January 16.
{{/usCountry}}The trench had developed due to inadequate storm water management and the site had remained undeveloped under Wiztown Planners’ control for years.