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Allahabad High Court

INTEZAR NOORI @ INTEZAR HUSSAINversusSTATE OF UP AND 3 OTHERS

Decided

Holding

The Court held that, in the absence of objection, the petitioner's innocuous prayer directing police to follow the Supreme Court’s Arnesh Kumar arrest guidelines and Section 35(3) of the B.N.S.S. is permissible, and the petition is disposed with that direction.

Summary

The petitioner, Intezar Noori, filed a writ petition seeking quashal of an FIR dated 27‑08‑2026 under Section 351(2) of the B.N.S. and Section 67 of the Income‑Tax Act, and also requested that the police not arrest him. The petitioner’s counsel prayed that, before any arrest, the police be directed to follow the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar (2014 8 SCC 273). The State, represented by the learned Additional Government Advocate, opposed the merits of the petition but raised no objection to the innocuous prayer. The Court, noting the lack of objection, allowed the innocuous prayer and ordered the authorities to ensure that any arrest complies with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. The writ petition was consequently disposed with this direction.

Issues considered

  • Whether the FIR under Section 351(2) B.N.S. and Section 67 Income‑Tax Act can be quashed.
  • Whether the police must adhere to the Arnesh Kumar guidelines before making an arrest.
  • Whether the Court can issue a direction under Section 35(3) B.N.S.S. directing compliance with those guidelines.

Legislation cited

Subjects

  • criminal procedure
  • FIR quashal
  • arrest guidelines
  • Arnesh Kumar
  • Section 35(3) B.N.S.S.
  • Income Tax Act
  • High Court of Allahabad

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. WRIT PETITION No. - 22347 of 2026

Intezar Noori @ Intezar Hussain
                                                               .....Petitioner(s)
                                   Versus

State Of Up And 3 Others
                                                          .....Respondent(s)

Counsel for Petitioner(s)        : Azhar Hussain, Mohd Ghufran Hasan
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 27.08.2026 in Case Crime No.152
of 2026, under Sections 351(2) of BNS and 67 of I.T. Act, Police Station
Rakabganj, District Agra and for a direction to the respondents not to arrest
the petitioner in pursuance of impugned First Information Report.

2. Learned counsel appearing on behalf of petitioner after some length of
arguments on merits made an innocuous prayer that before arresting the
petitioner 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 petitioner.

4. Heard learned counsel appearing on behalf of the petitioner, 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 petitioner and no objection by learned A.G.A. on innocuous
prayer made by learned counsel for the petitioner, we are inclined to allow
the innocuous prayer made by learned counsel for the petitioner.

6. The writ petition is disposed of with a direction to the authorities
                                                                                         CRLP No. 22347 of 2026
                                                                  2


                                    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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