Allahabad High Court
ANIL KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that, in the absence of objection, the petitioner's request that police follow the Supreme Court’s Arnesh Kumar guidelines before arrest may be granted.
Summary
The petitioner Anil Kumar filed a writ petition seeking quash of an FIR dated 17.08.2026 under Sections 221, 132 and 352 and a direction that he not be arrested. The petitioner’s counsel prayed, as an innocuous request, that the police follow the Supreme Court’s guidelines laid down in Arnesh Kumar v. State of Bihar (2014) before making any arrest. The State, represented by the learned A.G.A., opposed the merits of the petition but raised no objection to the innocuous prayer. The Court, noting the lack of objection, allowed the 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 consequently disposed with the said direction.
Issues considered
- Whether the FIR dated 17.08.2026 under Sections 221, 132 and 352 can be quashed.
- Whether the police must adhere to the Arnesh Kumar guidelines before arresting the petitioner.
- Whether a direction under Section 35(3) of the B.N.S.S. can be issued to the investigating authorities.
Legislation cited
- B.N.S.S. — s. 35(3)
Subjects
- FIR
- Arrest
- Arnesh Kumar guidelines
- Section 35(3)
- Criminal Procedure
- Writ petition
- Quash FIR
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21339 of 2026
Anil Kumar
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Atmaram Nadiwal, Dinesh Kumar
Yadav
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.0405 of 2026, under Sections 221, 132, 352 of BNS Police Station Sadar
Bazar, District Saharanpur 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. 21339 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.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 8, 2026
C. MANI
Digitally signed by :-
CHANDRAMANI VERMA
High Court of Judicature at Allahabad
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