Allahabad High Court
NADEEM KHAN AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court allowed the innocuous prayer and directed the authorities to ensure arrests are carried out in accordance with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S. Act.
Summary
Petitioners Nadeem Khan and two others filed a criminal miscellaneous writ petition seeking quash of FIR No. 272 of 2026 and a mandamus to prevent their arrest under sections 85, 115(2), 351(3) and 352 of the B.N.S. 2023 and the 3/4 D.P. Act. They prayed that the police, before making any arrest, follow the Supreme Court guidelines laid down in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273. The State opposed the merits of the petition but did not object to the innocuous prayer regarding arrest procedure. The Court, noting the lack of objection, allowed the innocuous prayer and directed the authorities to comply with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S. Act. The petition was disposed with this direction.
Issues considered
- Whether the Court should direct the police to follow the Arnesh Kumar guidelines before arresting the petitioners
- Whether the innocuous prayer seeking procedural direction is permissible despite the State's opposition to the merits of the petition
Legislation cited
- 3/4 D.P. Act
- B.N.S., 2023 — s. 115, 35, 351, 352, 85
Subjects
- writ petition
- certiorari
- mandamus
- arrest procedure
- Arnesh Kumar guidelines
- FIR quash
- criminal procedure
- Section 35(3)
- B.N.S. Act
- 3/4 D.P. Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 20686 of 2026
Nadeem Khan And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohd Shamim Khan, Shadab Ansari
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 F.I.R. of Case Crime No. 272 of 2026, under section-85, 115(2),
351(3), 352 B.N.S. 2023 & 3/4 D.P. Act, registered at Police Station- Kotwali,
District-Pilibhit, on- 21.07.2026 (Annexure no.1 to this writ petition), to meet
the ends of justice, so the justice may be done.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the
respondent no.3 and his subordinates not to arrest the petitioners in
connection with F.I.R. Case Crime No. 272 of 2026, under section-85, 115(2),
351(3), 352 Β.Ν.S. 2023 & 3/4 D.P. Act, registered at Police Station-Kotwali,
District-Pilibhit, on- 21.07.2026 (Annexure no.1 to this writ petition)."
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
to the innocuous prayer made by learned counsel for the
petitioners.
4. Heard Mr. Shadab Ansari, 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.
CRLP No. 20686 of 2026
2
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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