Allahabad High Court
MOHD ASIFversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court allowed the innocuous prayer and directed the police to follow the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. in any arrest.
Summary
The petitioner, Mohd Asif, filed a writ petition seeking to quash an FIR dated 20‑06‑2026 under Sections 316(2) and 351(3) of the B.N.S.S. and to obtain a direction that the police not arrest him. The petitioner also requested that any arrest follow the Supreme Court guidelines laid down in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273. The State opposed the petition on merits but did not object to the innocuous prayer for compliance with the Arnesh Kumar guidelines. The Court, noting the lack of objection to the innocuous prayer, allowed it and directed the authorities to ensure that any arrest is carried out in accordance with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. The writ petition was consequently disposed with the said direction.
Issues considered
- Whether the FIR dated 20‑06‑2026 can be quashed on the grounds raised by the petitioner
- Whether the police must be directed to follow the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. before making an arrest
Legislation cited
- B.N.S.S. — s. 316(2), 351(3), 35(3)
Subjects
- criminal procedure
- FIR
- arrest
- Arnesh Kumar guidelines
- Section 35(3)
- quash
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 19460 of 2026
Mohd Asif
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohd. Imran Ansari
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 20.06.2026 in Case Crime
No.0049 of 2026, under Sections 316 (2), 351 (3) of BNS, Police Station
Attarsuiya, District Prayagraj 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 petitioner after some length of
arguments on merits made an innocuous prayer that before arresting the
petitioners police may be directed to follow the principle 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, Mr. S.K. Ojha, learned A.G.A. appearing on behalf of State
vehemently opposed the petition on merits but he has no objection to the
innocuous prayer made by learned counsel for the petitioner.
4. Heard learned counsel appearing on behalf of the petitioner, learned
A.G.A. appearing on behalf of the State and perused the record.
5. Taking into consideration the submissions and prayer made by learned
counsel for the petitioner and no objection by learned A.G.A. on innocuous
prayer made by learned counsel for the petitioners, we are inclined to allow
the innocuous prayer made by learned counsel for the petitioner.
6. The writ petition is disposed of with a direction to the authorities
CRLP No. 19460 of 2026
2
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
C. MANI
Digitally signed by :-
CHANDRAMANI VERMA
High Court of Judicature at Allahabad
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