Allahabad High Court
KESHAV SONKARversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court allowed the innocuous prayer and directed the police to follow the Arnesh Kumar guidelines and Section 35(3) of the Bharatiya Nyaya Sanhita.
Summary
The petitioner filed a writ petition seeking the quash of an FIR dated 09.02.2026 registered under sections 318(4) and 336(3) of the Bharatiya Nyaya Sanhita, 2023, and a mandamus directing the police not to arrest him. The petitioner’s counsel prayed that, if an arrest were contemplated, the police should follow the Supreme Court’s guidelines laid down in Arnesh Kumar v. State of Bihar. The State opposed the merits of the petition but raised no objection to this innocuous prayer. The Court, noting the lack of objection, allowed the prayer and disposed of the petition, directing the authorities to ensure any arrest complies with the Arnesh Kumar guidelines and Section 35(3) of the Bharatiya Nyaya Sanhita. No order was made to quash the FIR.
Issues considered
- Whether the FIR registered under sections 318(4) and 336(3) of the Bharatiya Nyaya Sanhita can be quashed.
- Whether the court can issue a mandamus directing the police not to arrest the petitioner.
- Whether the arrest procedure must conform to the guidelines in Arnesh Kumar v. State of Bihar.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 318(4), 336(3), 35(3)
Subjects
- criminal procedure
- FIR
- arrest
- certiorari
- mandamus
- Arnesh Kumar guidelines
- Bharatiya Nyaya Sanhita
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22436 of 2026
Keshav Sonkar
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anil Kumar, Jai Prakash Prasad, Savan Kumar
Counsel for Respondent(s) : G.A., Santosh Kumar Singh
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. The instant writ petition has been filed seeking following main
reliefs:-
"(i) Issue a writ, order or direction in the nature of certiorari to quash the
impugned first information report dated 09.02.2026 (Annexure No.1 to this writ
petition) registered as Case Crime No. 57 of 2026 Under Section 318(4),
336(3) Bharatiya Nyaya Sanhita 2023, Police Station- Devgaon, District-
Azamgarh.
(ii) Issue a writ, order or direction in the nature of Mandamus commanding and
directing the respondents not to arrest the petitioner in pursuance of first
information report dated 09.02.2026 in Case Crime No. 57 of 2026 Under
Section 318(4), 336(3)Bharatiya Nyaya Sanhita 2023, Police Station-
Devgaon, District-Azamgarh."
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, learned A.G.A. appearing on behalf of State
CRLP No. 22436 of 2026
2
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
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.
September 17, 2026
Saurabh
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad
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