Allahabad High Court
ARUN DAGAR AND 3 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court directed that the arrest, if any, must follow the Arnesh Kumar guidelines and disposed of the petition without quashing the FIR.
Summary
Petitioners Arun Dagar and three others filed a writ petition seeking quash of an FIR dated 05.08.2026 under Section 351(3) of the B.N.S.S. and a direction that they not be arrested. The petitioners prayed that any arrest should follow the Supreme Court guidelines laid down in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273. The State opposed the petition on merits but did not object to the innocuous prayer regarding the arrest procedure. The Court, noting the lack of objection to the innocuous prayer, allowed it and directed the authorities to adhere to the Arnesh Kumar guidelines when making any arrest. Consequently, the writ petition was disposed with a direction to ensure compliance with the Supreme Court’s arrest procedure and Section 35(3) of the B.N.S.S.
Issues considered
- Whether the FIR dated 05.08.2026 under Section 351(3) of the B.N.S.S. should be quashed.
- Whether the arrest of the petitioners must be conducted in accordance with the guidelines laid down in Arnesh Kumar v. State of Bihar.
Legislation cited
- B.N.S.S. — s. 351(3), 35(3)
Subjects
- FIR
- Arrest procedure
- Arnesh Kumar guidelines
- Criminal Procedure Code
- Writ petition
- Quash of FIR
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21341 of 2026
Arun Dagar And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Amit Kumar Chaudhary, Hemant Raj
Singh
Counsel for Respondent(s) : Birendra Singh Khokher, 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 05.08.2026 in Case Crime
No.0368 of 2026, under Sections 351 (3) of BNS Police Station Muradnagar
Rural (Commissionerate Ghaziabad), District Ghaziabad 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 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, 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 petitioners.
4. Heard learned counsel appearing on behalf of the petitioners, 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. 21341 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
C. MANI
Digitally signed by :-
CHANDRAMANI VERMA
High Court of Judicature at Allahabad
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