Allahabad High Court
VIPIN KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court directed that the police must follow the arrest guidelines laid down in Arnesh Kumar v. State of Bihar and Section 35(3) of the B.N.S.S. before arresting the petitioner.
Summary
The petitioners sought to quash an FIR dated 19‑04‑2026 filed under Section 420 of the Indian Penal Code in Crime No. 72 of 2026, Meerut. They prayed that before any arrest the police be directed to follow the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar. The State opposed the merits of the petition but raised no objection to the innocuous prayer for compliance with those guidelines. The Court, noting the lack of objection, allowed the prayer 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 disposed with this direction, without ordering the FIR to be quashed.
Issues considered
- Whether the FIR under Section 420 IPC should be quashed.
- Whether the police must adhere to the arrest procedure laid down in Arnesh Kumar v. State of Bihar before arresting the petitioner.
- Whether a direction under Section 35(3) of the B.N.S.S. is appropriate in the present case.
Legislation cited
- B.N.S.S. — s. 35(3)
- Indian Penal Code — s. 420
Subjects
- criminal procedure
- FIR quash
- arrest guidelines
- Arnesh Kumar
- Section 420 IPC
- High Court writ petition
- Section 35(3) B.N.S.S.
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 19498 of 2026
Vipin Kumar
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Prakash Veer Tripathi
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 19.04.2026 in Case Crime No.72
of 2026, under Section 420 IPC, Police Station Ganganagar, District Meerut.
2. Learned counsel appearing on behalf of petitioners after some length of
arguments on merits made an innocuous prayer that before arresting the
petitioner 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 petitioners and no objection by learned A.G.A. on innocuous
prayer made by learned counsel for the petitioner, 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
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
CRLP No. 19498 of 2026
2
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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