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Allahabad High Court

TABANK ANSARI AND 4 OTHERSversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The Court directed the authorities to ensure that any arrest be carried out in accordance with the Arnesh Kumar guidelines and Section 35(3) of the Bhartiya Nyaya Sanhita, thereby disposing of the petition without quashing the FIR.

Summary

Petitioners Tabank Ansari and four others filed a criminal miscellaneous writ petition seeking to quash an FIR dated 24 June 2026, registered under several sections of the Bhartiya Nyaya Sanhita, 2023, and to restrain their arrest. They also prayed that the police adhere to the Supreme Court guidelines laid down in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273 before making any arrest. The State opposed the merits of the petition but raised no objection to the innocuous prayer regarding the arrest procedure. The Court, noting the lack of objection, allowed the innocuous prayer and directed the authorities to follow the Arnesh Kumar guidelines and the provisions of Section 35(3) of the Bhartiya Nyaya Sanhita. Consequently, the writ petition was disposed of with a procedural direction, without quashing the FIR.

Issues considered

  • Whether the FIR registered under sections 329(3), 352, 351(3), 324(4) and 3(5) of the Bhartiya Nyaya Sanhita can be quashed.
  • Whether the Court can direct the police to follow the arrest guidelines prescribed in Arnesh Kumar v. State of Bihar.
  • Whether Section 35(3) of the Bhartiya Nyaya Sanhita is applicable to the present arrest procedure.

Legislation cited

Subjects

  • criminal procedure
  • FIR quash
  • arrest guidelines
  • Bhartiya Nyaya Sanhita
  • Supreme Court precedent
  • writ petition
  • procedural direction

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. WRIT PETITION No. - 19452 of 2026

Tabank Ansari And 4 Others
                                                          .....Petitioner(s)
                                    Versus

State Of U.P. And 2 Others
                                                        .....Respondent(s)

Counsel for Petitioner(s)                    :   Mohammad Zakir
Counsel for Respondent(s)                    :   G.A.

Court No. - 48
                 HON'BLE CHANDRA DHARI SINGH, J.
                 HON'BLE TARUN SAXENA, J.

1. The present writ petition has been preferred with the prayer to quash

the impugned First Information Report dated 24.06.2026 in Case Crime

No. 0211 of 2026, under Sections 329(3), 352, 351(3), 324(4), 3(5) of

Bhartiya Nyaya Sanhita, 2023, Police Station Tronika City, District

Ghaziabad and for a direction to the respondents not to arrest the

petitioners in pursuance of impugned First Information Report.

2. Learned counsel appearing on behalf of petitioners after some length of

arguments on merits made an innocuous prayer that before arresting the

petitioners police may be directed to follow the principles laid down by

Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar

reported in (2014) 8 SCC 273.

3. Per contra, learned A.G.A. appearing on behalf of State opposed the
petition on merits but he has no objection to the innocuous prayer made

by learned counsel for the petitioners.

4. Heard Mr. Mohammad Zakir, learned counsel appearing on behalf of

the petitioners, Mr. S.N. Tiwari, learned A.G.A. appearing on behalf of

the State and perused the record.
                                                                                         CRLP No. 19452 of 2026
                                                                  2


                                    5. Taking into consideration the submissions and innocuous prayer made

                                    by learned counsel for the petitioners and no objection by learned A.G.A.

                                    appearing for the State-respondents, we are inclined to allow the

                                    innocuous prayer made by learned counsel for the petitioners.

                                    6. The writ petition is disposed of with a direction to the authorities

                                    concerned to ensure the procedure of arrest as per the guidelines of the

                                    Supreme Court enshrined in the case of Arnesh Kumar Vs. State of

                                    Bihar reported in (2014) 8 SCC 273 and provision of Section 35(3) of

                                    B.N.S.S.



                                                              (Tarun Saxena,J.) (Chandra Dhari Singh,J.)
                                    September 9, 2026
                                    Prajapati RK




Digitally signed by :-
RAMKESH PRAJAPATI
High Court of Judicature at Allahabad


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