Allahabad High Court
ASHISH RAJPUT AND 7 OTHERSversusSTATE OF UP AND 3 OTHERS
- Decided
Holding
The court directed the police to follow the Supreme Court’s arrest guidelines in Arnesh Kumar v. State of Bihar and Section 35(3) of the B.N.S.S., disposing the petition without quashing the FIR.
Summary
Petitioners Ashish Rajput and seven others filed a writ petition seeking quash of an FIR dated 25‑08‑2026 and a direction that they not be arrested. They invoked Sections 85, 115(2), 352, 351(2), 74 of the B.N.S.S. and Sections 3/4 of the D.P. Act, and asked the court to enforce the Supreme Court’s arrest guidelines laid down in Arnesh Kumar v. State of Bihar. The State opposed the merits of the petition but did not object to the limited, or "innocuous," prayer for compliance with those guidelines. The High Court, after hearing both sides, allowed the innocuous prayer and directed the police to follow the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. when making any arrest. The petition was disposed of with that direction, without quashing the FIR.
Issues considered
- Whether the FIR dated 25‑08‑2026 can be quashed under the challenged provisions.
- Whether the court can direct the police to adhere to the Arnesh Kumar guidelines before arresting the petitioners.
- Whether Section 35(3) of the B.N.S.S. is applicable to the present arrest proceedings.
Legislation cited
Subjects
- criminal procedure
- FIR quash
- arrest guidelines
- Supreme Court direction
- writ petition
- Section 35(3)
- B.N.S.S.
- D.P. Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22425 of 2026
Ashish Rajput And 7 Others
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ajai Mani 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 25.08.2026 in Case Crime
No.0293 of 2026, under Sections 85, 115(2), 352, 351 (2), 74 of BNS and
Section 3/4 D.P. Act, Police Station Gonda, District Aligarh 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. Rizwan Ahmad, 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. 22425 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 17, 2026
C. MANI
Digitally signed by :-
CHANDRAMANI VERMA
High Court of Judicature at Allahabad
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