Allahabad High Court
OM NARAYAN AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The FIR cannot be quashed as it discloses a prima facie commission of offence, and no interference is warranted.
Summary
The petitioners, Om Narayan and four others, filed a criminal miscellaneous writ petition challenging the FIR dated 18‑08‑2026 registered under sections 115(2), 191(2), 351(3) and 352 of the Bhartiya Nagrika Suraksha Sanhita. The High Court examined the FIR and held that it discloses a prima facie commission of offence, therefore the prayer to quash the FIR could not be entertained, relying on the Supreme Court’s rulings in State of Telangana v. Habib Abdullah Jellani and Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra. While refusing to set aside the FIR, the Court directed that any arrest of the petitioners must strictly comply with the safeguards under CrPC sections 41(1)(b) and 41‑A, BNSS sections 35(3)‑35(7), and the guidelines laid down in Arnesh Kumar v. State of Bihar and its own earlier order in Vimal Kumar et al. The Court consequently disposed of the writ petition.
Issues considered
- Whether the FIR dated 18‑08‑2026 can be quashed on the grounds raised by the petitioners.
- Whether the authorities must observe the procedural safeguards under CrPC and the Bhartiya Nagrika Suraksha Sanhita while effecting arrests in this case.
Legislation cited
- Bhartiya Nagrika Suraksha Sanhita — s. 115(2), 191(2), 351(3), 352, 35(3), 35(4), 35(5), 35(6), 35(7)
- Code of Criminal Procedure — s. 41(1)(b), 41-A
Subjects
- FIR quash
- Criminal Procedure Code
- Section 41 CrPC
- Bhartiya Nagrika Suraksha Sanhita
- Arrest safeguards
- Supreme Court precedent
- Writ petition
- Procedural compliance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21603 of 2026
Om Narayan And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anurag Mishra, Prashant Pratap Rao
Counsel for Respondent(s) : G.A.
Court No. - 45
HON'BLE SALIL KUMAR RAI, J.
HON'BLE PADAM NARAIN MISHRA, J.
Vakalatnama filed by Sri Vipin Tripathi, Advocate on behalf of respondent
no. 4 is taken on record.
Heard the counsel for the petitioners, the A.G.A. for the State and Sri
Vipin Tripathi, the counsel for the respondent no. 4.
The present petition has been filed challenging the First Information
Report dated 18.08.2026 in Case Crime no.0266 of 2026 under sections
115(2), 191(2), 351(3) 352 of B.N.S. at Police Station Sajeti, District-
(South Commissionerate), Kanpur Nagar.
We have perused the FIR, which prima facie discloses commission of
offence and therefore, the prayer made to quash the FIR cannot be
entertained in view of law laid down by Hon'ble Apex Court in the cases
of State of Telangana Vs. Habib Abdullah Jellani reported in (2017) 2
SCC 779 and Neeharika Infrastructure Pvt. Ltd. Vs. State of
Maharashtra and Others reported in (2021) SCC Online SC 315 and as
such, we are of the view that no interference is warranted.
However, considering the fact that all the offences, complained of in the
impugned FIR, are punishable with a term up to seven years, therefore, in
case of effecting the arrest of the petitioners in pursuance of the impugned
FIR, it is directed that the respondents/ authorities shall ensure that the
specific provisions contained in Section 41(1)(b) and Section 41-A of
CrPC/Section 35(3) to 35(7) of Bhartiya Nagrika Suraksha Sanhita, 2023
CRLP No. 21603 of 2026
2
and the guidelines issued by Hon'ble Apex Court in the case of Arnesh
Kumar Vs. State of Bihar, (2014) 8 SCC 273 as well as the directions
issued in judgement and order dated 28.01.2021 of this Court passed in
Criminal Misc. Writ Petition No. 17732 of 2020 (Vimal Kumar and 3
Others Vs. State of U.P. and 3 Others) reported in 2021 (2) ACR 1147,
be strictly complied with.
With the aforesaid observations, the instant writ petition stands disposed
of.
(Padam Narain Mishra,J.) (Salil Kumar Rai,J.)
September 23, 2026
Vipasha
Digitally signed by :-
VIPASHA MUKHERJEE
High Court of Judicature at Allahabad
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