Allahabad High Court
KAIF AND 5 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court disposed of the writ petition, directing the police to adhere to the Arnesh Kumar arrest guidelines and Section 35(3) of the B.N.S.S., without quashing the FIR.
Summary
Petitioners Kaif and five others filed a criminal miscellaneous writ petition seeking to quash an FIR dated 01‑09‑2026 and to restrain their arrest under Sections 191(2), 191(3), 110, 115(2), 117(2) and 351(3) of the B.N.S. The petition also prayed that the police follow the arrest guidelines laid down by the Supreme Court in Arnesh Kumar v. State of Bihar (2014) before making any arrest. The State opposed the merits of the petition but did not object to the ‘innocuous’ prayer regarding the arrest procedure. The Court, after hearing counsel for both sides, allowed the innocuous prayer and directed the authorities to comply with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. The writ petition was therefore disposed of with a direction on the manner of arrest, without quashing the FIR.
Issues considered
- Whether the High Court can direct the police to follow the arrest guidelines of Arnesh Kumar v. State of Bihar before arresting the petitioners.
- Whether the FIR dated 01‑09‑2026 should be quashed.
Legislation cited
Subjects
- Arrest procedure
- FIR quash
- Criminal miscellaneous writ petition
- Arnesh Kumar guidelines
- Section 35(3)
- B.N.S.
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22452 of 2026
Kaif And 5 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohd. Arshad
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 01.09.2026 in Case Crime
No.0238 of 2026, under Sections 191(2), 191(3), 110, 115(2), 117(2),
351(3) of BNS, Police Station Inchauli, District Meerut 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
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 petitioners.
4. Heard learned counsel appearing on behalf of the petitioners, Mr. R.K.
Gupta, 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
CRLP No. 22452 of 2026
2
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
Checking your session…