Allahabad High Court
ARUN TUNDA ALIAS RAJENDRA SINGHversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court did not quash the FIR but directed the authorities to follow the Arnesh Kumar arrest guidelines and Section 35(3) of the B.N.S.S. before any arrest.
Summary
Arun Tunda filed a writ petition seeking the quash of an FIR dated 26.07.2026 under Sections 276, 277, 318 and 319 of the B.N.S.S. and a direction that he not be arrested. The petitioner also prayed that the police follow the Supreme Court guidelines laid down in Arnesh Kumar v. State of Bihar before making any arrest. The State opposed the quash of the FIR but raised no objection to the innocuous prayer regarding arrest procedure. The Court, noting the lack of objection to the innocuous prayer, allowed that prayer and directed the authorities to comply with 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 FIR under Sections 276, 277, 318 and 319 of the B.N.S.S. can be quashed.
- Whether the police must follow the arrest guidelines laid down in Arnesh Kumar v. State of Bihar before arresting the petitioner.
Legislation cited
- B.N.S.S. — s. 35(3)
Subjects
- criminal procedure
- FIR quash
- arrest guidelines
- Arnesh Kumar principle
- Section 35(3) B.N.S.S.
- writ petition
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21333 of 2026
Arun Tunda Alias Rajendra Singh
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anil Kumar Mishra
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 26.07.2026 in Case Crime
No.200 of 2026, under Sections 276, 277, 318, 319 of BNS, Police
Station Inchauli, District Meerut 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, 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 petitioner and no objection by learned A.G.A. on
innocuous prayer made by learned counsel for the petitioner, we are
inclined to allow the innocuous prayer made by learned counsel for the
petitioner.
CRLP No. 21333 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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