Allahabad High Court
SAURABH AND 4 OTHERSversusSTATE OF UTTAR PRADESH AND 2 OTHERS
- Decided
Holding
The Court did not quash the FIR or issue a mandamus; it merely directed the police to follow the arrest guidelines of Arnesh Kumar and Section 35(3) of the B.N.S.
Summary
The petitioners Saurabh and four others filed a criminal miscellaneous writ petition challenging an FIR dated 01‑08‑2026 registered under Sections 85, 115(2), 351(3), 352 of the B.N.S. and Sections 3 and 4 of the Dowry Prohibition Act. They sought the quashing of the FIR and a mandamus directing the police not to arrest them, but later made an innocuous prayer that the police follow the arrest guidelines laid down in Arnesh Kumar v. State of Bihar. The State opposed the petition on its merits but did not object to the innocuous prayer. The Court, after hearing counsel, allowed the innocuous prayer and directed the authorities to ensure that any arrest be carried out in accordance with the Supreme Court’s guidelines in Arnesh Kumar and Section 35(3) of the B.N.S. No order was passed to quash the FIR or to restrain arrest, only procedural direction was given. Consequently, the writ petition was disposed with the said direction.
Issues considered
- Whether the FIR dated 01‑08‑2026 should be quashed under the provisions of the B.N.S. and the Dowry Prohibition Act.
- Whether a mandamus can be issued to restrain the police from arresting the petitioners.
- Whether the police must follow the arrest procedure prescribed in Arnesh Kumar v. State of Bihar.
Legislation cited
- B.N.S. — s. 115(2), 351(3), 352, 35(3), 85
- Dowry Prohibition Act — s. 3, 4
Subjects
- arrest procedure
- FIR quash
- mandamus
- dowry prohibition
- criminal procedure
- writ petition
- certiorari
- Arnesh Kumar guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22086 of 2026
Saurabh And 4 Others
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashish Kumar Gupta
Counsel for Respondent(s) : Braj Mohan Singh, 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 following main
reliefs:-
"1. issue a writ, order or direction in the nature of certiorari quashing the
impugned First Information Report dated 01.08.2026 lodged in Case
Crime No. 0233 of 2026, under Sections 85, 115 (2), 351(3), 352 of B.N.S.
and Section 3/4 of Dowry Prohibition Act, Police Station- Bidhnoo,
District-Kanpur Nagar.
2. issue a writ, order or direction in the nature of mandamus commanding
and directing the respondents not to arrest the petitioners in pursuance of
the First Information Report dated 01.08.2026 lodged in Case Crime No.
0233 of 2026, under Sections 85, 115 (2), 351(3), 352 of B.N.S. and
Section 3/4 of Dowry Prohibition Act, Police Station- Bidhnoo, District-
Kanpur Nagar, by respondent no.3 and no coercive steps be taken against
petitioners by the concerned police."
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 the State
vehemently opposed the petition on merits but he has no objection to the
CRLP No. 22086 of 2026
2
innocuous prayer made by learned counsel for the petitioners.
4. Heard learned counsel appearing on behalf of the petitioners, Mr. S.N.
Tiwari, learned A.G.A. appearing on behalf of the State, Mr. Braj Mohan
Singh, learned counsel for respondent no.3 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 21, 2026
Atul
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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