Allahabad High Court
MITHUN @ BHARAT AND 7 OTHERSversusSTATE OF UP AND 3 OTHERS
- Decided
Holding
The Court did not quash the FIR or grant a mandamus but directed the police to follow the Arnesh Kumar arrest guidelines and Section 35(3) of the B.N.S.S.
Summary
Petitioners filed a criminal miscellaneous writ petition seeking the quash of FIR No. 0245 of 2026 (sections 191(2), 115(2), 352 of the B.N.S.) and a mandamus directing the police not to arrest them. The petitioners later made an innocuous prayer that the police follow the Supreme Court guidelines laid down in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273. The learned Additional Government Advocate opposed the merits of the petition but raised no objection to the innocuous prayer. The Court, after hearing both sides, allowed the innocuous prayer and directed the authorities to adhere to the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. The petition was disposed without granting the reliefs of quashing the FIR or issuing a mandamus.
Issues considered
- Whether the FIR dated 29.06.2026 under sections 191(2), 115(2), 352 of the B.N.S. can be quashed.
- Whether a writ of mandamus can be issued directing the police not to arrest the petitioners.
- Whether the police must follow the arrest procedure guidelines laid down in Arnesh Kumar v. State of Bihar.
Legislation cited
Subjects
- writ petition
- certiorari
- mandamus
- FIR quash
- arrest guidelines
- Arnesh Kumar case
- Section 35(3)
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21385 of 2026
Mithun @ Bharat And 7 Others
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Raj Kishore Yadav, Ravindra Kumar
Yadav
Counsel for Respondent(s) : G.A.
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. The instant writ petition has been filed seeking following main
reliefs:-
"(i) Issue a writ, order or direction in the nature of Certiorari quashing the
impugned F.I.R. dated 29.06.2026, F.I.R. No. 0245 of 2026 under section
191(2), 115(2), 352 of B.N.S., P.S. Sahawar, District Kasganj, (Annexure No.
1 to this writ petition).
(ii) Issue a writ, order or direction in the nature of Mandamus directing
respondent no. 3 not to arrest the petitioners in pursuance of impugned F.I.R.
dated 29.06.2026, F.I.R. No. 0245 of 2026 under section 191(2), 115(2), 352
of B.N.S. P.S. Sahawar, District Kasganj (Annexure no.1 to this writ petition)."
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, 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
CRLP No. 21385 of 2026
2
petitioners.
4. Heard learned counsel appearing on behalf of the petitioners,
Mr. R.K. Gupta, 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.
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
Saurabh
Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad
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