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Allahabad High Court

RAIS AHMAD AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The Court directed the authorities to ensure that any arrest be carried out in accordance with the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar and Section 35(3) of the B.N.S.S., thereby disposing of the writ petition.

Summary

The petitioners, Rais Ahmad and another, filed a writ petition seeking the quash of an FIR dated 22‑08‑2026 and a direction that they not be arrested. They argued that the police should follow the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar regarding arrest procedures. The State opposed the petition on its merits but did not object to the petitioners’ innocuous prayer for compliance with those guidelines. The Court, noting the lack of objection to the innocuous prayer, allowed it and directed the authorities to adhere to the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. The writ petition was consequently disposed with the direction on arrest procedure. The order was pronounced on 8 September 2026 by Justices Chandra Dhari Singh and Tarun Saxena.

Issues considered

  • Whether the FIR dated 22‑08‑2026 can be quashed.
  • Whether the police must follow the arrest guidelines laid down in Arnesh Kumar v. State of Bihar before arresting the petitioners.

Legislation cited

  • B.N.S.S. — s. 115(2), 318(4), 351(3), 352, 35(3)

Subjects

  • FIR quash
  • Arrest procedure
  • Arnesh Kumar guidelines
  • Criminal writ petition
  • Section 35(3) B.N.S.S.
  • Supreme Court precedent

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. WRIT PETITION No. - 21331 of 2026

Rais Ahmad And Another
                                                          .....Petitioner(s)
                                  Versus

State Of U.P. And 2 Others
                                                        .....Respondent(s)

Counsel for Petitioner(s)                        :    Zaid Arshad
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 22.08.2026 in Case Crime
No.438 of 2026, under Sections 318(4), 115(2), 352, 351(3) of BNS,
Police Station Kotwali Mandi, District Saharanpur 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. K.P.
Pathak, 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. 21331 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 8, 2026
                                    SK Srivastava




Digitally signed by :-
SAILESH KUMAR SRIVASTAVA
High Court of Judicature at Allahabad


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