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Allahabad High Court

HAJI BABU KURESHI @ BABUversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court allowed the innocuous prayer directing the police to follow the Arnesh Kumar arrest guidelines and Section 35(3) of the B.N.S.S., and disposed the petition accordingly.

Summary

Haji Babu Kureshi filed a criminal miscellaneous writ petition seeking the quash of an FIR dated 05‑09‑2026 under Sections 351(3) and 3(5) of the B.N.S.S. and a direction that he not be arrested. The petitioner also prayed that the police follow the arrest guidelines laid down by the Supreme Court in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273. The State opposed the merits of the petition but did not object to the innocuous prayer regarding the arrest procedure. The Court, noting the lack of objection to the innocuous prayer, allowed it and directed the authorities to adhere to the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. The petition was disposed with this direction, without ordering the FIR to be quashed.

Issues considered

  • Whether the FIR dated 05‑09‑2026 can be quashed under Sections 351(3) and 3(5) of the B.N.S.S.
  • Whether the police must follow the arrest guidelines of Arnesh Kumar v. State of Bihar before arresting the petitioner
  • Whether Section 35(3) of the B.N.S.S. is applicable to the present case

Legislation cited

Subjects

  • criminal procedure
  • FIR quash
  • arrest guidelines
  • Arnesh Kumar principle
  • Section 35(3) B.N.S.S.
  • writ petition
  • High Court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. WRIT PETITION No. - 22443 of 2026

Haji Babu Kureshi @ Babu
                                                         .....Petitioner(s)
                                 Versus

State Of U.P. And 3 Others
                                                       .....Respondent(s)

Counsel for Petitioner(s)       : Satya Prakash Singh, Seema Singh
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 05.09.2026 in Case Crime
No.351 of 2026, under Sections 351(3), 3(5) of BNS, Police Station Loni
Border, District Ghaziabad and for a direction to the respondents not to
arrest the petitioner in pursuance of impugned First Information Report.

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 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, Mr.
Rizwan Ahmad, 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.
                                                                                        CRLP No. 22443 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
                                    SK Srivastava




Digitally signed by :-
SAILESH KUMAR SRIVASTAVA
High Court of Judicature at Allahabad


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