Allahabad High Court
PRIYANSHU PANDEY (MINOR)versusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court held that the police must conduct any arrest in compliance with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S., and disposed the petition with that direction.
Summary
Petitioner Priyanshu Pandey, a minor, filed a writ petition seeking quash of an FIR dated 23.08.2026 and a mandamus restraining his arrest under Sections 316(2), 308(2), 352 and 351(3) of the B.N.S.S. The petitioner’s counsel prayed that the police be directed to follow the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar. The State opposed the substantive reliefs but did not object to the innocuous prayer. The Court, noting the lack of objection to the prayer, allowed the direction that the police must adhere to the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. The petition was disposed with this procedural direction, without granting the quash of the FIR or mandamus against arrest.
Issues considered
- Whether the FIR dated 23.08.2026 can be quashed.
- Whether a writ of mandamus can be issued to restrain the arrest of the petitioner.
- Whether the police must follow the arrest guidelines laid down in Arnesh Kumar v. State of Bihar.
Legislation cited
- B.N.S.S. — s. 35(3)
Subjects
- FIR
- quash
- mandamus
- arrest
- Arnesh Kumar guidelines
- B.N.S.S.
- writ petition
- minor
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21383 of 2026
Priyanshu Pandey (Minor)
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Hari Narayan Singh
Counsel for Respondent(s) : G.A.
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE ABDUL SHAHID, J.
1. The present writ petition has been preferred with the following main
reliefs:-
"Issue a writ, order or direction in the nature of certiorari quashing of the
impugned First Information Report dated 23.08.2026 in Case Crime
No.176 of 2026, under Sections 316(2), 308 (2), 352, 351 (3) B.N.S.,
Police Station - Kotwali, District - Gorakhpur (Annexure No.1 to this writ
petition).
ii) Issue a writ, order or direction in the nature of mandamus
commanding and directing the respondent no.2 not to arrest the petitioner
in pursuance of First Information Report dated 23.08.2026 in Case Crime
No.176 of 2026, under Sections 316(2), 308(2), 352, 351 (3) B.N.S.,
Police Station - Kotwali, District - Gorakhpur."
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 the State
vehemently opposed the petition on merits but he has no objection to the
innocuous prayer made by learned counsel for the petitioner.
CRLP No. 21383 of 2026
2
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
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.
(Abdul Shahid,J.) (Chandra Dhari Singh,J.)
September 30, 2026
Atul
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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