Allahabad High Court
UDAYBHAN AND 9 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that the authorities must conduct arrests in accordance with the guidelines of Arnesh Kumar v. State of Bihar and Section 35(3) of the B.N.S.S., and therefore dismissed the petition with such directions.
Summary
Petitioners Udaybhan and nine others filed a criminal miscellaneous writ petition seeking the quash of an FIR dated 29‑07‑2026 and a mandamus restraining their arrest under sections 191(2), 333, 115(2), 352 and 351(3) of the B.N.S.S. The State opposed the merits but did not object to an "innocuous prayer" that the police follow the Supreme Court guidelines in Arnesh Kumar v. State of Bihar. The Court, noting the lack of objection, allowed the innocuous prayer and disposed of the petition, directing the police to adhere to the arrest procedure laid down in Arnesh Kumar and to Section 35(3) of the B.N.S.S. No order was passed quashing the FIR or granting mandamus; the petition was merely dismissed with directions.
Issues considered
- Whether the FIR dated 29‑07‑2026 can be quashed under the applicable provisions.
- Whether a writ of mandamus can be issued to restrain the arrest of the petitioners.
- Whether the police must follow the arrest guidelines prescribed in Arnesh Kumar v. State of Bihar.
Legislation cited
- B.N.S.S. — s. 115(2), 191(2), 333, 351(3), 352, 35(3)
Subjects
- FIR quash
- mandamus
- arrest guidelines
- Arnesh Kumar
- Section 35(3)
- B.N.S.S.
- high court writ petition
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23064 of 2026
Udaybhan And 9 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kuldeep Singh Chahar
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 quashing
impugned First Information Report dated 29.07.2026 registered in case crime
no. 300 of 2026 under section 191(2), 333, 115(2), 352 and 351(3) B.N.S.
Police Station Sadabad Kotwali, District Hathras (Annexure No. 1 of this writ
petition).
(ii) Issue a writ order of direction in nature of Mandamus directing the
respondents not to arrest/harass the Petitioners in pursuance of First
Information Report dated 29.07.2026 registered in case crime no. 300 of 2026
under section 191(2), 333, 115(2), 352 and 351(3) B.N.S., police station
Sadabad Kotwali, District Hathras."
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,
learned A.G.A. appearing on behalf of the State and perused the
record.
CRLP No. 23064 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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