Allahabad High Court
AMIT DHAMA AND 2 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court declined to quash the FIR but directed that any arrest be made in accordance with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S.
Summary
The petitioners filed a writ petition seeking quash of an FIR dated 01.08.2026 under Sections 85, 115(2), 351(2), 352 of the B.N.S.S. and Sections 3 and 4 of the D.P. Act, and also requested that the police not arrest them. The petitioners made an additional innocuous prayer that any arrest should follow the Supreme Court guidelines laid down in Arnesh Kumar v. State of Bihar. The State opposed the quash of the FIR but did not object to the innocuous prayer. The Court, noting the lack of objection to the innocuous prayer, allowed it and directed the police to adhere to the Arnesh Kumar guidelines and to Section 35(3) of the B.N.S.S. The writ petition was thereafter disposed with the said direction.
Issues considered
- Whether the FIR dated 01.08.2026 under the specified sections should be quashed.
- Whether the police must follow the Supreme Court guidelines in Arnesh Kumar v. State of Bihar before making an arrest.
- Whether the Court can issue a direction under Section 35(3) of the B.N.S.S. to ensure compliance with the arrest guidelines.
Legislation cited
Subjects
- FIR quash
- Arrest procedure
- Arnesh Kumar guidelines
- Section 35(3) B.N.S.S.
- Criminal procedure
- Writ petition
- Police
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22427 of 2026
Amit Dhama And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Syed Shahnawaz Shah
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 01.08.2026 in Case Crime No.118
of 2026, under Sections 85, 115 (2), 351 (2), 352 of BNS and Section 3/4 of
D.P. Act, Police Station Bhot District Rampur 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. 22427 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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