Allahabad High Court
MOHD. AHSAN AND 7 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court directed the police to comply with the Supreme Court’s Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. while disposing the petition.
Summary
Petitioners Mohd Ahsan and seven others filed a writ petition seeking quash of an FIR dated 17‑08‑2026 and a direction that they not be arrested. They 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 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 adhere to the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. The petition was disposed with this direction, without ordering the FIR to be quashed.
Issues considered
- Whether the High Court can direct the police to follow the Arnesh Kumar guidelines before arresting the petitioners
- Whether the FIR dated 17‑08‑2026 should be quashed
Legislation cited
Subjects
- arrest procedure
- Arnesh Kumar guidelines
- FIR quash
- criminal procedure
- Section 35(3) B.N.S.S.
- writ petition
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21318 of 2026
Mohd. Ahsan And 7 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashfaq Ahmed Ansari
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 17.08.2026 in Case Crime
No.293 of 2026, under Sections 191(2), 352, 131, 115(2), 351(3) of BNS,
Police Station Colonelganj, District Prayagraj 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, 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, Mr. R.K.
Gupta, 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
CRLP No. 21318 of 2026
2
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
SK Srivastava
Digitally signed by :-
SAILESH KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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