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Allahabad High Court

AWADESH PATHAKversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court disposed of the petition, granting only a direction that the police follow the Arnesh Kumar arrest guidelines and Section 35(3) of the B.N.S.S., without quashing the FIR or issuing mandamus.

Summary

Awadesh Pathak filed a criminal miscellaneous writ petition seeking the quash of an FIR dated 22‑06‑2026 under sections 318(4), 352 and 351(3) of the B.N.S. and a mandamus directing the police not to arrest him. The petitioner also prayed that the police follow the Supreme Court guidelines laid down in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273. The State opposed the substantive relief but did not object to the innocuous prayer for compliance with the Arnesh Kumar guidelines. The Court, after hearing counsel for both sides, allowed the innocuous prayer and disposed of the petition, directing the authorities to ensure that any arrest be carried out in accordance with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. No substantive relief such as quashing the FIR or issuing mandamus was granted.

Issues considered

  • Whether the FIR dated 22‑06‑2026 under sections 318(4), 352 and 351(3) of the B.N.S. can be quashed.
  • Whether a writ of mandamus can be issued directing the police not to arrest the petitioner.
  • Whether the police must follow the arrest procedure prescribed in Arnesh Kumar v. State of Bihar and Section 35(3) of the B.N.S.S.

Legislation cited

Subjects

  • writ petition
  • criminal procedure
  • FIR quash
  • mandamus
  • arrest guidelines
  • Arnesh Kumar principle
  • Section 35(3)
  • High Court of Allahabad

Judgment

            HIGH COURT OF JUDICATURE AT ALLAHABAD
            CRIMINAL MISC. WRIT PETITION No. - 20680 of 2026

Awadesh Pathak
                                                                .....Petitioner(s)
                                     Versus

State Of U.P. And 3 Others
                                                              .....Respondent(s)

Counsel for Petitioner(s)                     :   Shravan Kumar Yadav
Counsel for Respondent(s)                     :   G.A.

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

1. The instant writ petition has been filed seeking following main
reliefs:-

"(i) Issue a writ order or direction in nature of certiorari quashing the impugned

First Information Report dated 22.06.2026, lodged vide Case Crime No.0188

of 2026, Under Section 318(4), 352, 351(3) of B.N.S., Police Station Ahraula,

District Azamgarh.


(ii) Issue a writ, order or direction in nature of mandamus directing the

respondent No.2 not to arrest and harass the petitioner in Case Crime

No.0188 of 2026, Under Section 318(4), 352, 351(3) of B.N.S. Police Station

Ahraula, District Azamgarh."


2. Learned counsel appearing on behalf of petitioner 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, 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.
                                                                                       CRLP No. 20680 of 2026
                                                                 2

                                    4. Heard learned counsel appearing on behalf of the petitioner, Mr.
                                    S.K. Ojha, 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
                                    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 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 8, 2026
                                    Saurabh




Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad


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