Allahabad High Court
RAMESH SINGHversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that the police must conduct any arrest in accordance with the Supreme Court guidelines in Arnesh Kumar v. State of Bihar and Section 35(3) of the B.N.S.S.
Summary
Ramesh Singh filed a criminal miscellaneous writ petition seeking to quash an FIR dated 31.12.2024 in a case under Sections 406 and 506 IPC and to stay his arrest. He prayed that the police follow the Supreme Court guidelines laid down in Arnesh Kumar v. State of Bihar when making any arrest. The State opposed the merits of the petition but did not object to this specific prayer. The Court, after hearing counsel, allowed the innocuous prayer and directed the police to ensure that any arrest complies with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. The petition was disposed with that direction.
Issues considered
- Whether the FIR under Sections 406 and 506 IPC should be quashed.
- Whether the arrest of the petitioner can be stayed pending compliance with the Arnesh Kumar guidelines.
- Whether the court can issue a mandamus directing police to follow the Supreme Court guidelines for arrest.
Legislation cited
- B.N.S.S. — s. 35(3)
- Indian Penal Code — s. 406, 506
Subjects
- criminal procedure
- FIR quash
- arrest
- mandamus
- certiorari
- Arnesh Kumar guidelines
- IPC
- high court
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23034 of 2026
Ramesh Singh
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Farhan Khan, Saqib Ahmad
Counsel for Respondent(s) : G.A.
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 First
Information Report dated 31.12.2024 in Case Crime no.0690 of 2024, under
Section 406 & 506 I.P.C., Police Station- Rasra, District- Ballia.
(ii) Issue a writ, order or direction in the nature of mandamus to stay the arrest
of the petitioner in Case Crime no.0690 of 2024, under Section 406 & 506
I.P.C., Police Station- Rasra, District- Ballia."
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 Mr. Farhan Khan, learned counsel appearing on behalf of
the petitioner, 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 petitioner and no objection by learned
CRLP No. 23034 of 2026
2
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.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 23, 2026
Saurabh
Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad
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