Allahabad High Court
DEEN MOHAMMAD AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court allowed the innocuous prayer directing the police to follow the Arnesh Kumar arrest guidelines and did not quash the FIR.
Summary
The petitioners Deen Mohammad and another filed a writ petition seeking quash of an FIR dated 20.08.2026 under Sections 85, 352, 115(2), 79, 127(2) and 351(3) of the Indian Penal Code and a direction that they not be arrested. They also prayed that the police follow the Supreme Court guidelines laid down in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273 before making any arrest. The State opposed the petition on merits but did not object to the innocuous prayer regarding arrest procedure. The Court, after hearing both sides, allowed the innocuous prayer and directed the authorities to ensure that any arrest complies with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. The writ petition was disposed with this direction, without quashing the FIR.
Issues considered
- Whether the FIR dated 20.08.2026 should be quashed.
- Whether the police should be directed to follow the Arnesh Kumar guidelines before arresting the petitioners.
Legislation cited
- B.N.S.S. — s. 35(3)
- Indian Penal Code — s. 115(2), 127(2), 351(3), 352, 79, 85
Subjects
- criminal procedure
- FIR quash
- arrest guidelines
- Arnesh Kumar
- Supreme Court direction
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21335 of 2026
Deen Mohammad And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Umair Mahmood, Vivek 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 20.08.2026 in Case Crime
No.0216 of 2026, under Sections 85, 352, 115(2), 79, 127(2), 351(3) of
BNS Police Station Babrala, District Sambhal 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, Mr. S.K. Ojha, 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, 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.
6. The writ petition is disposed of with a direction to the authorities
CRLP No. 21335 of 2026
2
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 8, 2026 (Tarun Saxena,J.) (Chandra Dhari Singh,J.)
C. MANI
Digitally signed by :-
CHANDRAMANI VERMA
High Court of Judicature at Allahabad
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