Allahabad High Court
DILIP GIRI @ KARIYA AND ANOTHERversusTHE STATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court directed the police to follow the Arnesh Kumar guidelines and Section 35(3) of the B.N.S., 2023, but did not quash the FIR.
Summary
The petitioners sought to quash an FIR dated 13.08.2026 registered under multiple sections of the B.N.S., 2023 and to restrain the police from arresting them. They also made an innocuous prayer 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 on merits but did not object to the innocuous prayer. The Court, noting the lack of objection to the prayer, allowed it and directed the authorities to adhere to the Arnesh Kumar guidelines and Section 35(3) of the B.N.S., 2023. The petition was disposed of with this direction, without quashing the FIR.
Issues considered
- Whether the FIR dated 13.08.2026 can be quashed on the grounds pleaded by the petitioners
- Whether the police should be directed to follow the Arnesh Kumar guidelines before arresting the petitioners
Legislation cited
- B.N.S., 2023 — s. 115(2), 121(1), 126(2), 132, 324(2), 351(3), 352, 35(3)
Subjects
- FIR
- quash
- arrest
- Arnesh Kumar guidelines
- Section 35(3)
- High Court
- writ petition
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21228 of 2026
Dilip Giri @ Kariya And Another
.....Petitioner(s)
Versus
The State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Surya Pratap Singh Parmar
Counsel for Respondent(s) : 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 13.08.2026 registered as Case
Crime No. 0343 of 2026 under Sections 121(1), 126(2), 132, 115(2), 352,
351(3) and 324(2) of B.N.S., 2023, Police Station-Gopiganj, District-
Bhadohi 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 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 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 innocuous prayer made by
learned counsel for the petitioners and no objection by learned A.G.A.
appearing for the State-respondents, we are inclined to allow the innocuous
prayer made by learned counsel for the petitioners.
CRLP No. 21228 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.
September 14, 2026
Shweta
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
Digitally signed by :-
SWETA YADAV
High Court of Judicature at Allahabad
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