Allahabad High Court
VIPUL PANDEY AND 3 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court directed that arrests be carried out in accordance with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. Act.
Summary
The petitioners, Vipul Pandey and three others, filed a criminal miscellaneous writ petition seeking to quash an FIR dated 09‑08‑2026 registered under Sections 115(2), 352, 85 of the B.N.S.S. Act and Sections 3/4 of the D.P. Act, and to restrain their arrest. They also made an innocuous prayer that the police follow the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar before making any arrest. The State opposed the merits of the petition but did not object to the innocuous prayer. The Court, after hearing counsel for both sides, allowed the innocuous prayer and directed the authorities to ensure that any arrest complies with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. Act. Consequently, the writ petition was disposed of with the said direction, without ordering the quashment of the FIR.
Issues considered
- Whether the police must adhere to the Arnesh Kumar guidelines before arresting the petitioners.
- Whether the FIR dated 09‑08‑2026 should be quashed.
Legislation cited
Subjects
- arrest
- FIR
- quash
- writ petition
- criminal procedure
- Arnesh Kumar guidelines
- Section 35(3)
- B.N.S.S.
- D.P. Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22249 of 2026
Vipul Pandey And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Chandra Kumar Rai, Girish Kumar
Pandey
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 09.08.2026 in Case Crime No.354
of 2026, under Sections 115(2), 352, 85 of BNS Section 3/4 of D.P. Act,
Police Station Sigra, District Kashi (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. 22249 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 16, 2026
C. MANI
Digitally signed by :-
CHANDRAMANI VERMA
High Court of Judicature at Allahabad
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