Allahabad High Court
PAPPU YADAV URF VEERBAHADUR AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court directed the authorities to follow the Supreme Court’s Arnesh Kumar guidelines for arrest and disposed the petition with that direction.
Summary
Petitioners Pappu Yadav and others filed a criminal miscellaneous writ petition seeking quash of an FIR dated 19‑03‑2026 under IPC sections 191(2), 115(2) and 324(4) and a direction that they not be arrested. They prayed that the police 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 arrest procedure. The Allahabad High Court, after hearing both sides, allowed the innocuous prayer and directed the authorities to conduct any arrest in accordance with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. The petition was disposed with that direction, without ordering the FIR to be quashed.
Issues considered
- Whether the FIR dated 19‑03‑2026 under sections 191(2), 115(2) and 324(4) can be quashed.
- Whether the police must follow the arrest guidelines laid down in Arnesh Kumar v. State of Bihar.
- Whether Section 35(3) of the B.N.S.S. is applicable to the arrest of the petitioners.
Legislation cited
- B.N.S.S. — s. 35(3)
- Indian Penal Code — s. 115(2), 191(2), 324(4)
Subjects
- quash FIR
- arrest procedure
- Arnesh Kumar guidelines
- criminal procedure
- Section 35(3)
- writ petition
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21352 of 2026
Pappu Yadav Urf Veerbahadur And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rahul Kumar, Rakesh Kumar Bharti
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 19.03.2026 in Case Crime
No.0142 of 2026, under Sections 191 (2), 115 (2) and 324 (4) of BNS Police
Station Sarnath, District Varuna (Commissionerate Varanasi) 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, 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. 21352 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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