Allahabad High Court
AVADHESH AND 9 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court allowed the innocuous prayer directing the police to follow the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S., and disposed the petition accordingly.
Summary
Petitioners Avadhesh and nine others filed a criminal miscellaneous writ petition challenging an FIR dated 07‑09‑2026 registered under Sections 191(2), 333, 115(2) and 352 of the B.N.S.S., seeking its quashment and a mandamus to restrain their arrest. They 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 prayer 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 with this direction.
Issues considered
- Whether the FIR dated 07‑09‑2026 should be quashed under the challenged sections.
- Whether a mandamus can be issued to prevent the arrest of the petitioners.
- Whether the police must follow the arrest procedure guidelines laid down in Arnesh Kumar v. State of Bihar.
Legislation cited
- B.N.S.S. — s. 35(3)
Subjects
- FIR quashment
- mandamus
- arrest procedure
- Arnesh Kumar guidelines
- Section 35(3) B.N.S.S.
- criminal writ petition
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23076 of 2026
Avadhesh And 9 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pavan Kumar
Counsel for Respondent(s) : G.A., Imaran Khan, Javed Khan
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 the
impugned First Information Report dated 07.09.2026 registered at Police
Station Dhanari, District-Sambhal, being Case Crime No. 222/2026, under
Section 191(2), 333, 115(2), 352 BNS.
(ii) Issue a writ, order or direction in the nature of Mandamus
commanding/directing to the respondent no. 2 not to arrest of the petitioners in
pursuance of the impugned First Information Report dated 07.09.2026
registered at Police Station-Dhanari, District-Sambhal, being Case Crime No.
222/2026, under Section 191(2), 333, 115(2), 352 BNS."
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 and
learned counsel for the respondent no. 3 vehemently opposed the
petition on merits but has no objection to the innocuous prayer
made by learned counsel for the petitioners.
4. Heard learned counsel for the petitioners, Mr. R.K. Gupta,
learned A.G.A. appearing on behalf of the State, Mr. Javed Khan,
CRLP No. 23076 of 2026
2
learned counsel for the respondent no. 3, 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. as well as learned counsel for the respondent no. 3 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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