Allahabad High Court
SAIR UDDIN AND 4 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court directed that arrests be carried out in accordance with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S, without quashing the FIR.
Summary
The petitioners filed a writ petition seeking quash of an FIR dated 12.08.2026 under Sections 74, 191(2) and 115(2) of the B.N.S.S and a direction that they not be arrested. They also prayed that any arrest be in accordance with the Supreme Court's guidelines in Arnesh Kumar v. State of Bihar. The State opposed the petition on its merits but did not object to the innocuous prayer regarding arrest procedure. The Court, noting the lack of objection to the prayer, allowed the request that police follow the Arnesh Kumar guidelines. The petition was disposed with a directive that the authorities ensure arrests comply with the Supreme Court guidelines and Section 35(3) of the B.N.S.S.
Issues considered
- Whether the FIR under Sections 74, 191(2) and 115(2) of the B.N.S.S should be quashed.
- Whether the petitioners are entitled to a direction that they not be arrested pending compliance with procedural safeguards.
- Whether the court can direct police to follow the arrest guidelines laid down in Arnesh Kumar v. State of Bihar and Section 35(3) of the B.N.S.S.
Legislation cited
- B.N.S.S. — s. 115(2), 191(2), 35(3), 74
Subjects
- criminal procedure
- FIR quash
- arrest guidelines
- Arnesh Kumar case
- Section 35(3)
- writ petition
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22441 of 2026
Sair Uddin And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Zaid Arshad
Counsel for Respondent(s) : G.A., Imran Ali, Murtuza Ali
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 12.08.2026 in Case Crime
No.346 of 2026, under Sections 74, 191(2), 115(2) of BNS, Police Station
Nawabganj, District Allahabad 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, learned counsel for respondent no. 3 and learned A.G.A.
appearing on behalf of State vehemently opposed the petition on merits
but they have no objection to the innocuous prayer made by learned
counsel for the petitioners.
4. Heard learned counsel appearing on behalf of the petitioners, Mr.
Murtuza Ali, learned counsel for respondent no. 3 and Mr. K.P. Pathak,
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 counsel for
respondent no. 3 and learned A.G.A. on innocuous prayer made by
CRLP No. 22441 of 2026
2
learned counsel for the petitioners, we are inclined to allow the innocuous
prayer made by learned counsel for the petitioners.
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
SK Srivastava
Digitally signed by :-
SAILESH KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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