Allahabad High Court
KIRAN AND 7 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court directed that the authorities must conduct arrests in compliance with the Arnesh Kumar guidelines and Section 35(3) of the Bhartiya Nyay Sanhita, and disposed of the petition.
Summary
Petitioners Kiran and seven others filed a writ petition seeking quash of an FIR dated 31.08.2026 and a stay on further investigation, invoking several provisions of the Bhartiya Nyay Sanhita, 2023. They also prayed that, before any arrest, the police be directed to follow the Supreme Court's guidelines in Arnesh Kumar v. State of Bihar. The State opposed the main reliefs but raised no objection to the innocuous prayer regarding arrest procedure. The Court, after hearing counsel, allowed the innocuous prayer and directed the authorities to ensure arrests are carried out in accordance with the Arnesh Kumar guidelines and Section 35(3) of the Bhartiya Nyay Sanhita. The petition was thereafter disposed of with the said direction.
Issues considered
- Whether the High Court can direct the police to follow the Arnesh Kumar guidelines before arresting the petitioners
- Whether the FIR and investigation should be quashed or stayed under the cited provisions of the Bhartiya Nyay Sanhita
Legislation cited
- Bhartiya Nyay Sanhita, 2023 — s. 115(2), 191(2), 324(4), 333, 351(2), 352, 35(3), 76
Subjects
- criminal procedure
- FIR quash
- arrest guidelines
- certiorari
- mandamus
- Bhartiya Nyay Sanhita
- Arnesh Kumar guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22282 of 2026
Kiran And 7 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rahul Kumar Tyagi
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 following main
reliefs:-
"(1) Issue a writ order or direction in the nature of certiorari to quash the
impugned First Information Report dated 31.08.2026 in Case Crime No.
0502 of 2026, under Sections 191(2), 333, 115(2), 352, 76, 324(4), 351
(2) Bhartiya Nyay Sanhita, 2023, Police Station-Hapur City, District-
Hapur.
(2) Issue a writ, order or direction in the nature of Mandamus
commanding the respondents to stay the further investigation of the
criminal case in pursuance of the impugned First Information Report
dated 31.08.2026 in Case Crime No. 0502 of 2026, Under Sections
191(2), 333, 115 (2), 352, 76, 324(4), 351(2) Bhartiya Nyay Sanhita,
2023, Police Station-Hapur City, District-Hapur.."
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
innocuous prayer made by learned counsel for the petitioners.
CRLP No. 22282 of 2026
2
4. Heard learned counsel appearing on behalf of the petitioners, Mr. S.N.
Tiwari, 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 16, 2026
Atul
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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