Allahabad High Court
SANJAY SINGH DHAKREY AND 8 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court directed the police to adhere to the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. while disposing of the petition.
Summary
The petitioners, Sanjay Singh Dhakrey and eight others, filed a criminal miscellaneous writ petition seeking quash of FIR No. 459/2026 dated 7‑September‑2026 and a direction that they not be arrested under various IPC and B.N.S. sections. They also prayed that the police follow the Supreme Court guidelines laid down in Arnesh Kumar v. State of Bihar before making any arrest. The State opposed the merits of the petition but did not object to the limited, "innocuous" prayer regarding arrest procedure. The Court, noting the lack of objection to the prayer, allowed the request and directed the police to comply with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. The petition was disposed of with this direction, without granting the relief to quash the FIR.
Issues considered
- Whether the High Court can direct the police to follow the Arnesh Kumar guidelines before arresting the petitioners.
- Whether the FIR dated 7‑September‑2026 can be quashed under the writ of certiorari.
Legislation cited
- B.N.S.S. — s. 35(3)
- Indian Penal Code — s. 115(2), 120-B, 305(a), 308(2), 318(4), 323, 351(3), 352, 380, 389, 420, 504, 507, 61(2)
Subjects
- writ petition
- certiorari
- quash FIR
- arrest procedure
- Arnesh Kumar guidelines
- Section 35(3) B.N.S.S.
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23070 of 2026
Sanjay Singh Dhakrey And 8 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kiran Tiwari, Mahesh Chandra Tiwari
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) Issues writ order or direction in the nature of Certiorari quashing the first
information report dt. 7.9.26 lodged by the respondent no 3 being case crime
459/2026 under section- 115[2] ,352, 351[3] ,61[2], 308[2], 318[4], 305[a]
B.N.S. Corresponding section 323,504,507,120-B,389,420,380 I.P.C. P.S.
Ekta District -Agra (annexure no.1 to this writ petition).
(ii) Issued a writ order or direction in the nature of mandamus directing the
respondent no- 2 not to be arrest the petitioners in case crime no. 459/2026
under section 115[2], 352, 351[3], 61[2], 308[2], 318[4], 305[a] BNS
Corresponding section 323,504,507,120-B,389,420,380 I.P.C., P.S.- Ekta
District-Agra."
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 Mr. M.C. Tiwari, learned counsel appearing on behalf of
the petitioners, Mr. R.K. Gupta, learned A.G.A. appearing on behalf
CRLP No. 23070 of 2026
2
of the 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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