Allahabad High Court
SOHAIL AHMADversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court allowed the innocuous prayer and directed the authorities to follow the arrest guidelines of Arnesh Kumar and Section 35(3) of the B.N.S.S., while disposing of the petition.
Summary
The petitioner sought to quash an FIR dated 26.07.2026 registered under Sections 318(4), 61(2), 352 and 351(3) of the B.N.S. and requested that the police not arrest him, invoking the Supreme Court's guidelines in Arnesh Kumar v. State of Bihar. The State and other respondents opposed the quash petition but did not object to the petitioner’s innocuous prayer that the police follow the Arnesh Kumar principles before making any arrest. After hearing both sides, the Court allowed the innocuous prayer and directed the police to adhere to the arrest procedure laid down in Arnesh Kumar and Section 35(3) of the B.N.S.S. The petition was thereafter disposed of with the said direction.
Issues considered
- Whether the FIR registered under Sections 318(4), 61(2), 352 and 351(3) of the B.N.S. can be quashed.
- Whether the Court can direct the police to follow the arrest guidelines laid down in Arnesh Kumar v. State of Bihar before arresting the petitioner.
- Whether Section 35(3) of the B.N.S.S. is applicable to the present case.
Legislation cited
- B.N.S. — s. 318(4), 351(3), 352, 35(3), 61(2)
Subjects
- criminal procedure
- FIR
- arrest
- Arnesh Kumar guidelines
- quash petition
- Section 35(3)
- High Court
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21207 of 2026
Sohail Ahmad
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohd Nasir, Mohd. Gufran
Counsel for Respondent(s) : Adnan Aamir, 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 26.07.2026 registered as Case
Crime No. 613 of 2026 under Sections 318(4), 61(2), 352, 351(3) of B.N.S.,
2023 Police Station-Kawarsi, District-Aligarh and for a direction to the
respondents not to arrest the petitioner in pursuance of impugned First
Information Report.
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 principles 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 and Shri Adnan
Aamir, learned counsel for the respondent no. 4 have opposed the petition on
merits but they have no objection to the innocuous prayer made by learned
counsel for the petitioner.
4. Heard learned counsel appearing on behalf of the petitioner, Shri Adnan
Aamir, learned counsel for the respondent no. 4 and learned A.G.A.
appearing on behalf of the State and perused the record.
5. Taking into consideration the submissions and innocuous prayer made by
learned counsel for the petitioner and no objection by learned A.G.A.
appearing for the State-respondents and Shri Adnan Aamir, learned counsel
for the respondent no. 4, 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
CRLP No. 21207 of 2026
2
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.
September 14, 2026
Shweta
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
Digitally signed by :-
SWETA YADAV
High Court of Judicature at Allahabad
Checking your session…