Allahabad High Court
ABHISHEK SINGH AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court directed that any arrest be made in accordance with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S. 2023, thereby disposing the petition.
Summary
The petitioners challenged FIR No. 0219 of 2026 filed under sections of the B.N.S. 2023 and sought quashing of the FIR and a mandamus directing police not to arrest them. They prayed that the police follow the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar. The State opposed the petition but did not object to the innocuous prayer. The Court, after hearing counsel, allowed the innocuous prayer and directed the authorities to ensure that any arrest be carried out in compliance with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S. 2023. The writ petition was disposed with this direction.
Issues considered
- Whether the police must follow the Arnesh Kumar guidelines while arresting the petitioners under the B.N.S. 2023
- Whether the FIR dated 05.06.2026 can be quashed
Legislation cited
- B.N.S., 2023 — s. 318(4), 351(3), 352, 35(3), 61(2)
Subjects
- writ petition
- certiorari
- mandamus
- FIR
- arrest procedure
- Arnesh Kumar guidelines
- criminal procedure
- B.N.S. 2023
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23078 of 2026
Abhishek Singh And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anurag Tripathi, Jainendra Pandey
Counsel for Respondent(s) : G.A.
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. The present writ petition has been preferred with the following main
reliefs:-
"I. Issue a writ, order or direction in the nature of certiorari quashing the
First Information Report dated 05.06.2026 which was registered as F.I.R.
No. 0219 of 2026, under Sections 318(4), 352, 351(3) and 61(2) of B.N.S.
2023, Police Station Mariahu, District Jaunpur (as contained as
Annexure No. 1 to this writ petition);
II. Issue a writ, order or direction in the nature of mandamus
commanding the respondents not to arrest the petitioners in pursuance of
the First Information Report dated 05.06.2026 registered as F.I.R. No.
0219 of 2026, under Sections 318(4), 352, 351(3) and 61(2) of B.N.S.
2023, Police Station Mariahu, District Jaunpur."
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 the State
vehemently opposed the petition on merits but he has no objection to the
innocuous prayer made by learned counsel for the petitioners.
CRLP No. 23078 of 2026
2
4. Heard Mr. Bhavesh Kumar Vishwakarma, learned counsel appearing
on behalf of the petitioners, Mr. K.P. Pathak, learned A.G.A. appearing
on behalf 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
Atul
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
Checking your session…