Allahabad High Court
MANJEET AND 5 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court did not quash the FIR or issue a mandamus but directed the police to follow the arrest guidelines of Arnesh Kumar v. State of Bihar and Section 35(3) of the B.N.S.
Summary
Manjeet and five others filed a criminal miscellaneous writ petition in the Allahabad High Court seeking the quash of an FIR dated 12‑07‑2026 filed under several sections of the Bhartiya Nyaya Sanhita, 2023, and a mandamus directing the police not to arrest them. The petitioners also made an innocuous prayer that the police follow the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar regarding arrest procedures. The State opposed the merits of the petition but did not object to the innocuous prayer. The Court, noting the lack of objection, allowed the innocuous prayer and disposed of the petition, directing the authorities to ensure arrests are carried out in accordance with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S. No relief was granted to quash the FIR or to issue a mandamus against arrest.
Issues considered
- Whether the FIR dated 12‑07‑2026 should be quashed under the Bhartiya Nyaya Sanhita, 2023
- Whether a writ of mandamus should be issued directing the police not to arrest the petitioners
- Whether the police must follow the arrest guidelines laid down in Arnesh Kumar v. State of Bihar
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 115(2), 191(2), 304(2), 333, 351(3), 352, 35(3), 74, 76
Subjects
- criminal procedure
- FIR quash
- certiorari
- mandamus
- arrest guidelines
- Arnesh Kumar principle
- Bhartiya Nyaya Sanhita
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23063 of 2026
Manjeet And 5 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashutosh Upadhyay, Shiv Chandra
Yadav
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) To issue a writ, order or direction in the nature of certiorari quashing the
First Information Report dated 12.07.2026 (Annexure No. 1 to the writ petition)
in Case Crime No. 0415 of 2026, Under Sections 191(2), 115(2), 352, 351(3),
333, 74, 76 and 304(2) of Bhartiya Nyaya Sanhita (B.N.S.)-2023, Police
Station Puwayan, District Shahjahanpur be quashed, otherwise the Petitioners
will suffer huge irreparable loss and injury.
(ii) To issue a writ, order or direction in the nature of mandamus directing the
respondent no. 2 to 3, not to arrest the Petitioners."
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 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. Rizwan Ahmed, learned A.G.A. appearing on behalf of the
CRLP No. 23063 of 2026
2
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 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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