Allahabad High Court
CHARAN SINGH AND 2 OTHERSversusSTATE OF UP AND 3 OTHERS
- Decided
Holding
The Court declined to quash the FIR or issue a mandamus but directed the police to follow the arrest guidelines of Arnesh Kumar and Section 35(3) of the Bharatiya Nyaya Sanhita.
Summary
The petitioners filed a writ petition seeking the quash of an FIR dated 11‑08‑2026 under sections 333, 352, 115(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, and a mandamus directing the police not to arrest them. The petitioners also made an innocuous prayer that the police follow the arrest guidelines laid down in Arnesh Kumar v. State of Bihar. The State opposed the petition on merits but did not object to the innocuous prayer. The Court, after hearing both sides, declined to grant the relief of quashing the FIR or issuing a mandamus, but allowed the innocuous prayer. The petition was disposed with a direction that the police must adhere to the Supreme Court’s Arnesh Kumar guidelines and Section 35(3) of the Bharatiya Nyaya Sanhita while making any arrest.
Issues considered
- Whether the FIR registered under sections 333, 352, 115(2) and 351(3) of the Bharatiya Nyaya Sanhita can be quashed by a writ of certiorari.
- Whether a mandamus can be issued directing the police not to arrest the petitioners.
- Whether the police are bound to follow the arrest procedure prescribed in Arnesh Kumar v. State of Bihar.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 333, 351(3), 352, 35(3)
Subjects
- criminal procedure
- FIR quash
- arrest guidelines
- writ petition
- certiorari
- mandamus
- Arnesh Kumar guidelines
- Bharatiya Nyaya Sanhita
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 20685 of 2026
Charan Singh And 2 Others
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajesh Kumar, Ramesh Kumar Singh
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 the nature of Certiorari quashing the
impugned First Information Report dated 11.08.2026 registered as Case
Crime No. 0347 of 2026, under Sections 333, 352, 115(2) and 351(3) of the
Bharatiya Nyaya Sanhita, 2023, Police Station Jalesar, District Etah, insofar
as it relates to the petitioners. (Annexure No.1 to this writ petition.)
(ii) Issue a writ, order or direction in the nature of Mandamus directing the
respondents to not arrest the petitioners in First Information Report
dated 11.08.2026 registered as Case Crime No. 0347 of 2026, under Sections
333, 352, 115(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, Police
Station Jalesar, District Etah."
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
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
CRLP No. 20685 of 2026
2
to the innocuous prayer made by learned counsel for the
petitioners.
4. Heard learned counsel appearing on behalf of the petitioners,
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 petitioners 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 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 8, 2026
Saurabh
Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad
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