Court Directs Action Against Erring Police Officials, Advises Applicants to Seek Relief Under Article 226
In a significant judgment, the Allahabad High Court, under the bench of Justice Tej Pratap Tiwari, has quashed the proceedings against Mohd. Azeem Idrishi and others, who were wrongfully arrested due to mistaken identity. The court has directed the Police Commissioner of Lucknow and the Superintendent of Police, Sitapur, to take appropriate action against the police officials responsible for the negligent acts leading to the wrongful arrest.
The judgment, dated February 9, 2026, arose from applications filed under Section 482 of the Criminal Procedure Code, seeking to quash the proceedings related to case crime no. 0041/2024 and other connected cases. The applicants were erroneously identified as accused in serious offenses including rape, extortion, and fraudulent transactions due to a factual mistake by the police.
Justice Tiwari emphasized that the deprivation of liberty due to mistaken identity is impermissible under the law and violates Article 21 of the Constitution, which guarantees personal liberty. The court observed that the police failed to verify the true identity of the accused, leading to the wrongful arrest of innocent individuals.
The judgment referenced several Supreme Court cases, including Arnesh Kumar v. State of Bihar and Joginder Kumar v. State of U.P., which highlight the necessity for proper identification and investigation before arresting individuals. The court reiterated the guidelines for arrest, emphasizing that the power to arrest must be justified by reasonable satisfaction after investigation into the complaint's genuineness.
Furthermore, the court advised the wrongfully arrested applicants to seek compensation for the harm suffered by invoking the writ jurisdiction under Article 226 of the Constitution. This aligns with precedents where compensation was awarded for unlawful detention, such as in Rudul Shah v. State of Bihar.
Justice Tiwari's judgment underscores the importance of safeguarding constitutional rights and holding police officials accountable for their actions. The court's directive to the police authorities to report compliance within two months marks a step towards ensuring justice for those wrongfully accused.
Bottom Line:
Wrongful arrest due to mistaken identity - Impugned orders and proceedings against the applicants set aside - Police officials directed to take appropriate action against erring officers for negligent acts - Applicants advised to seek relief under Article 226 of the Constitution of India for harm suffered.
Statutory provision(s): Articles 21, 226 of the Constitution of India, Section 482 of the Criminal Procedure Code, Section 35 of Bharatiya Nagarik Suraksha Sanhita
Mohd. Azeem Idrishi v. State Of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2851244
