Allahabad High Court
FAKARE ALAM AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court directed that any arrest of the petitioners must be carried out in accordance with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S, and disposed of the writ petition with that direction.
Summary
The petitioners sought to quash a First Information Report dated 29‑08‑2026 in Crime No. 0445 of 2026, filed under Sections 115(2), 352, 351(3) and 333 of the B.N.S, and prayed that the police not arrest them. They also requested that any arrest, if made, follow the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar. The State opposed the petition on its merits but raised no objection to the innocuous prayer concerning arrest procedure. The Court allowed the innocuous prayer, directing the police to adhere to the Arnesh Kumar guidelines and to Section 35(3) of the B.N.S.S when effecting any arrest. Accordingly, the writ petition was disposed with a direction to the authorities to ensure compliance with those guidelines.
Issues considered
- Whether the FIR dated 29‑08‑2026 under Sections 115(2), 352, 351(3) and 333 of the B.N.S is liable to be quashed.
- Whether the police must follow the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar before arresting the petitioners.
- Whether a direction can be issued to the authorities not to arrest the petitioners pending compliance with the said guidelines.
Legislation cited
- B.N.S.S. — s. 35(3)
Subjects
- FIR quash
- Arrest procedure
- Arnesh Kumar guidelines
- Section 35(3) B.N.S.S
- Criminal Miscellaneous Writ Petition
- Police arrest
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22341 of 2026
Fakare Alam And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Dhiresh Kumar, Sharad Tiwari
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 29.08.2026 in Case Crime
No.0445 of 2026, under Sections 115(2), 352, 351 (3), 333 of BNS, Police
Station Baksa, District Jaunpur 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. K.P. Pathak, 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.
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
CRLP No. 22341 of 2026
2
reported in (2014) 8 SCC 273 and provision of Section 35(3) of B.N.S.S.
September 16, 2026 (Tarun Saxena,J.) (Chandra Dhari Singh,J.)
C. MANI
Digitally signed by :-
CHANDRAMANI VERMA
High Court of Judicature at Allahabad
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