Allahabad High Court
BASHIR HAZIversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court did not quash the FIR or grant mandamus but directed the police to follow the Arnesh Kumar arrest guidelines and Section 35(3) of the B.N.S. Act.
Summary
Bashir Hazi filed a criminal miscellaneous writ petition seeking to quash an FIR dated 01‑09‑2026 and to restrain the police from taking coercive action against him under sections 74, 351(3) of the IPC, the B.N.S. Act and sections 7 and 8 of the POCSO Act. The petitioner’s counsel also prayed that, pending the petition, the police be directed to 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 that prayer and directed the authorities to ensure that any arrest complies with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S. Act. The petition was thereafter disposed with the said direction, without granting the reliefs of quashing the FIR or issuing a mandamus against coercive action.
Issues considered
- Whether the FIR dated 01‑09‑2026 should be quashed.
- Whether a mandamus should be issued to restrain coercive action against the petitioner.
- Whether the police must follow the arrest guidelines of Arnesh Kumar v. State of Bihar before arresting the petitioner.
Legislation cited
- B.N.S. — s. 35(3)
- Protection of Children from Sexual Offences Act — s. 7, 8
Subjects
- criminal procedure
- FIR quash
- mandamus
- arrest guidelines
- Arnesh Kumar case
- POCSO Act
- B.N.S. Act
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23053 of 2026
Bashir Hazi
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Gyanedra Pratap Singh
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, an order or direction in the nature of certiorari to quash the
impugned first information report dated 01.09.2026 in case crime No. 0181 of
2026, under sections 74, 351(3), B.N.S. and section 7/8 POCSO Act, Police
Station Narahat, District Lalitpur (Contained as Annexure No. 1 to this writ
petition).
(ii) Issue, an order or direction in the nature of mandamus commanding and
directing the respondent no.3 not to take any coercive action against the
petitioner in first information report 2026 in case crime No. 0181 of 2026,
under Sections 74, 351(3), BNS and Section 7/8 POCSO Act, Police Station
Narahat, District Lalitpur, during the pendency of the present writ petition."
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.
R.K. Gupta, learned A.G.A. appearing on behalf of the State and
perused the record.
CRLP No. 23053 of 2026
2
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.
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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