Allahabad High Court
HARNARAYAN AND 5 OTHERSversusSTATE OF UTTAR PRADESH AND 3 OTHERS
- Decided
Holding
The Court disposed the petition, directing the authorities to follow the Arnesh Kumar guidelines and Section 35(3) of the B.N.S., 2023, without quashing the FIR.
Summary
Petitioners Harnarayan and five others filed a criminal miscellaneous writ petition seeking to quash an FIR dated 9 September 2026 registered under Sections 115(2), 191(2), 351(3), 352 and 85 of the B.N.S., 2023, and to obtain a direction that they not be arrested. The petitioners also prayed that, if arrest were contemplated, the police should follow the Supreme Court guidelines laid down in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273. The State opposed the petition on its merits but did not object to the innocuous prayer regarding arrest procedure. The Court, noting the lack of objection to the innocuous prayer, allowed that prayer and directed the authorities to ensure that any arrest complies with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S., 2023. The petition was therefore disposed with the said direction, without quashing the FIR.
Issues considered
- Whether the FIR registered under Sections 115(2), 191(2), 351(3), 352 and 85 of the B.N.S., 2023 can be quashed.
- Whether the court can direct the police to follow the Arnesh Kumar guidelines before making an arrest.
- Whether a direction under Section 35(3) of the B.N.S., 2023 is appropriate in the present case.
Legislation cited
- B.N.S., 2023 — s. 115(2), 191(2), 351(3), 352, 35(3), 85
Subjects
- criminal procedure
- FIR
- arrest
- Arnesh Kumar guidelines
- Section 35(3)
- writ petition
- quash
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23228 of 2026
Harnarayan And 5 Others
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Atul Sharma, Devesh Mishra
Counsel for Respondent(s) : G.A.
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE ABDUL SHAHID, J.
1. The present writ petition has been preferred with the prayer to quash the
impugned First Information Report dated 9.9.2026 registered as Case Crime
No. 498 of 2026, under Sections 115(2)191(2), 351(3), 352, 85 of B.N.S.,
2023, Police Station Bewar, District Mainpuri and for a direction to the
respondents not to arrest the petitioners in pursuance of impugned First
Information Report.
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 petitioner.
4. Heard learned counsel appearing on behalf of the petitioners, Sri Rizwan
Ahmad, 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.
CRLP No. 23228 of 2026
2
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.
(Abdul Shahid,J.) (Chandra Dhari Singh,J.)
October 1, 2026
M. Tarik
Digitally signed by :-
MOHD TARIK
High Court of Judicature at Allahabad
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