Allahabad High Court
SABIRversusSTATE OF UTTAR PRADESH AND 2 OTHERS
- Decided
Holding
The Court directed the authorities to ensure that any arrest be conducted in accordance with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S. Act.
Summary
Petitioner Sabir filed a writ petition seeking quash of an FIR dated 11‑07‑2026 under Sections 74, 352 and 351(3) of the Uttar Pradesh B.N.S. Act and a direction that he not be arrested. The petitioner’s counsel requested that, before any arrest, the police 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 raised no objection to the innocuous prayer for compliance with the Arnesh Kumar guidelines. The Court, noting the lack of objection, allowed the innocuous prayer and directed the authorities to ensure that any arrest be carried out in accordance with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S. Act. The petition was disposed with the said direction, without ordering the FIR to be quashed.
Issues considered
- What relief, if any, should be granted to quash the FIR dated 11‑07‑2026?
- Whether the police must follow the Supreme Court’s Arnesh Kumar guidelines before arresting the petitioner.
Legislation cited
- Uttar Pradesh B.N.S. Act — s. 351(3), 352, 35(3), 74
Subjects
- criminal procedure
- FIR
- arrest
- Arnesh Kumar guidelines
- Section 35(3)
- writ petition
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21324 of 2026
Sabir
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashish Kumar Dubey, Rakesh Kumar
Pandey
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 11.07.2026 in Case Crime
No.762 of 2026, under Sections 74, 352, 351(3) of BNS, Police Station
Kotwali Lalitpur, District Lalitpur 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 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 petitioner.
4. Heard learned counsel appearing on behalf of the petitioner, Rajendra
Prasad Mishra, 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 petitioner and no objection by learned A.G.A. on
innocuous prayer made by learned counsel for the petitioner, we are
CRLP No. 21324 of 2026
2
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
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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