Allahabad High Court
SMT. JAI DEVI AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court directed that any arrest of the petitioners must comply with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S, without quashing the FIR.
Summary
Petitioners filed a criminal miscellaneous writ petition seeking quash of an FIR dated 24.08.2026 and a direction that they not be arrested. They also prayed that the police follow the Supreme Court's guidelines in Arnesh Kumar v. State of Bihar before making any arrest. The State opposed the petition but did not object to the innocuous prayer regarding arrest procedures. The Court, noting the lack of objection to the innocuous prayer, allowed it and disposed of the petition, directing the authorities to adhere to the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S when arresting the petitioners. No order was made to quash the FIR.
Issues considered
- Whether the FIR dated 24.08.2026 can be quashed.
- Whether the police must follow the Arnesh Kumar guidelines before arresting the petitioners.
- Whether a direction under Section 35(3) of the B.N.S.S can be issued to the police.
Legislation cited
- B.N.S.S. — s. 115(2), 324(4), 351(3), 352, 35(3), 75
Subjects
- criminal procedure
- FIR
- arrest
- writ petition
- quash
- Arnesh Kumar guidelines
- Section 35(3)
- B.N.S.S
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21178 of 2026
Smt. Jai Devi And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Arjun Sharma, Ravitendra Pratap Singh
Chandel
Counsel for Respondent(s) : Awadhesh Kumar Mishra, 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 24.08.2026 in Case Crime No.412
of 2026, under Sections 324 (4), 351 (3), 352, 115(2), 75 of BNS, Police
Station Kotwali Dehat, District Mirzapur 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 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, 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 petitioners.
4. Heard learned counsel appearing on behalf of the petitioners, 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.
CRLP No. 21178 of 2026
2
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 21, 2026
C. MANI
Digitally signed by :-
CHANDRAMANI VERMA
High Court of Judicature at Allahabad
Checking your session…