Allahabad High Court
SMT. SARASWATI THAKUR AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court directed the police to follow the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. Act, disposing the petition without granting the reliefs sought.
Summary
Petitioners Smt. Saraswati Thakur and another filed a criminal miscellaneous writ petition seeking a mandamus directing the police not to arrest them in a case registered as Crime No. 26 of 2025 and a certiorari to quash the FIR dated 17.01.2025. The petitioners later made an innocuous prayer that the police follow the Supreme Court's guidelines in Arnesh Kumar v. State of Bihar regarding arrests. The State opposed the main reliefs but did not object to the innocuous prayer. The Court, noting the lack of objection, allowed the innocuous prayer and directed the authorities to ensure arrests are carried out in accordance with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. Act. The writ petition was disposed with this direction, without granting the mandamus or quashing the FIR.
Issues considered
- Whether the petitioners are entitled to a mandamus directing the police not to arrest them in the pending case.
- Whether the FIR dated 17.01.2025 can be quashed by a writ of certiorari.
- Whether the police must adhere to the arrest procedure guidelines laid down in Arnesh Kumar v. State of Bihar.
Legislation cited
- B.N.S.S. Act — s. 35(3)
Subjects
- Writ petition
- Mandamus
- Certiorari
- Arrest procedure
- FIR quash
- Arnesh Kumar guidelines
- Section 35(3)
- Criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23042 of 2026
Smt. Saraswati Thakur And Another
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Syed Ali Imam
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 commanding Mandamus to
respondents No.1 and 2 not to arrest the petitioners in Case Crime No. 26 of
2025, under sections 127, 3(5), 308 B.N.S. Police Station Sector 24, Noida,
District Gautam Buddh Nagar.
(ii) Issue a writ, order or direction in the nature of Certiorari to quash the first
information report dated 17.01.2025 registered as case crime No. 26 of 2025,
under sections 127, 3(5), 308 B.N.S. Police Station Sector 24, Noida, District
Gautam Buddh Nagar (which is Annexure no. I to this writ petition)."
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 A.G.A. appearing on behalf of State
vehemently opposed the petition on merits but has no objection to
the innocuous prayer made by learned counsel for the petitioners.
4. Heard Mr. Arshaan, learned Advocate holding brief of Mr. Syed
Ali Imam, learned counsel for the petitioners, Mr. S.N. Tiwari,
learned A.G.A. appearing on behalf of the State, and perused the
record.
CRLP No. 23042 of 2026
2
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 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 23, 2026
Saurabh
Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad
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