Mistaken Identity Arrests Violate Article 21 — Allahabad HC Pulls Up UP Police in Mohd. Azeem Idrishi

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Mistaken Identity Arrests Violate Article 21 — Allahabad HC in Mohd. Azeem Idrishi v. State of UP

Citation: 2026 LiveLaw (AB) 71 Court: Allahabad High Court, Lucknow Bench Bench: Justice Tej Pratap Tiwari Date: February 10, 2026 Petitioners: Mohd. Azeem Idrishi (and a connected matter) Respondent: State of U.P. through Secretary, Home, Lucknow and Another

Facts

Two individuals approached the Lucknow Bench having been wrongly arrested by the UP Police in unrelated cases — one a rape allegation, the other a fraud allegation. In one matter the father’s name of the person actually named in the proceedings was the same as that of the petitioner who was apprehended. Acting on “local inputs” and the similarity of names, the police took the petitioner into custody without further verification. The State, in its return, conceded that a factual mistake had occurred.

The petitioners invoked Section 482 CrPC / Section 528 BNSS to quash the proceedings against them and for consequential relief.

Holding

Justice Tej Pratap Tiwari held that “deprivation of liberty of a person on account of mistaken identity is impermissible in law”. The record carried no material to establish that the persons arrested were the persons against whom the proceedings had been initiated. A similarity of names — even with a coincidence of the father’s name — does not justify an arrest or the continuance of a prosecution.

The Court:

Quashed the criminal proceedings pending against the petitioners; and
Directed action against the police officials responsible for the arrests, with a status report to be filed within two months.

Principle

An arrest must be preceded by verification of identity sufficient to satisfy the constable, the investigating officer, and (for a warrant arrest) the executing officer that the person apprehended is the person named in the FIR, charge-sheet, or warrant. Mechanical reliance on similarity of names — particularly common names — is constitutionally untenable. Article 21 liberty cannot be traded for administrative shortcuts.

The judgment fits the line of authority requiring that the “procedure established by law” within Article 21 be fair, just, and reasonable — not arbitrary or perfunctory.

Relevant Provisions

Article 21, Constitution of India — Right to life and personal liberty.
Article 22, Constitution of India — Protections against arbitrary arrest and detention.
Section 35, Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) / Section 41, CrPC — When a police officer may arrest without warrant; obligation to record reasons.
Section 47, BNSS / Section 50, CrPC — Person arrested to be informed of grounds of arrest.
Section 482, CrPC / Section 528, BNSS — Inherent powers of the High Court (to quash proceedings to secure the ends of justice or prevent abuse of process).

The decision sits alongside Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 and Satender Kumar Antil v. CBI, (2022) 10 SCC 51, which require investigating officers to apply mind before arrest in less serious offences. Mohd. Azeem Idrishi extends that scrutiny to the threshold question of identity — the first step in any lawful arrest.

Practical Takeaways for Practitioners

Documentary discrepancy. The petition should annex the FIR, charge-sheet, warrant, and identification documents of the person actually arrested (Aadhaar, voter ID, ration card, school records) to make the discrepancy concrete.
Section 528 BNSS. The inherent power is the proper route where mistaken identity is clear and ordinary remedies (discharge, magistrate-level corrections) would only prolong the abuse of process.
Compensation and accountability. Where custodial deprivation has occurred, an Article 226 petition for compensation lies under the Nilabati Behera v. State of Orissa, (1993) 2 SCC 746 line; departmental action against erring officers can also be directed.

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