Allahabad High Court
SPARSH ACHARYA AND ANOTHERversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court directed that the police must follow the arrest guidelines of Arnesh Kumar v. State of Bihar and the provisions of Section 35(3) of the B.N.S.S. before arresting the petitioners.
Summary
The petitioners, Sparsh Acharya and another, filed a writ petition seeking the quash of an FIR dated 16‑07‑2026 under Sections 308(4) and 352 of the B.N.S.S. and a direction that they not be arrested. They prayed that the police, before making any arrest, follow the Supreme Court guidelines laid down in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273. The State opposed the merits of the petition but raised no objection to the innocuous prayer regarding arrest procedure. The Court, after hearing both sides, allowed the innocuous prayer and directed the authorities to ensure that any arrest be carried out in accordance with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. The writ petition was consequently disposed with the said direction.
Issues considered
- Whether the FIR dated 16‑07‑2026 can be quashed.
- Whether the police must adhere to the arrest procedure prescribed in Arnesh Kumar v. State of Bihar.
- Whether Section 35(3) of the B.N.S.S. applies to the arrest of the petitioners.
Legislation cited
- B.N.S.S. — s. 35(3)
Subjects
- arrest procedure
- FIR quash
- criminal writ petition
- Supreme Court guidelines
- Section 308
- Section 352
- Arnesh Kumar case
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22429 of 2026
Sparsh Acharya And Another
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Deepak Kumar Pal, Tripuresh Kumar
Tripathi
Counsel for Respondent(s) :
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 16.07.2026 in Case Crime
No.0381 of 2026, under Sections 308 (4), 352 of BNS, Police Station
Nawabad, District Jhansi 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. R.K. Gupta, 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. 22429 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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