Allahabad High Court
AFTAB ALAMversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court directed that the police must follow the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. before arresting the petitioner, and disposed of the petition with that direction.
Summary
The petitioner, Aftab Alam, filed a criminal miscellaneous writ petition seeking the quash of an FIR dated 16 September 2026 registered under Sections 76 and 351(3) of the B.N.S. 2023, and also requested that the police not arrest him. The petitioner’s counsel prayed that, before any arrest, the police should adhere to the Supreme Court’s 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 concerning the arrest procedure. The Court, noting the lack of objection to the procedural prayer, allowed the request and directed the authorities to follow the Arnesh Kumar guidelines and the provisions of Section 35(3) of the B.N.S.S. The petition was disposed with this direction, without ordering the FIR to be quashed.
Issues considered
- The FIR registered under Sections 76 and 351(3) of the B.N.S. 2023 should be quashed.
- Whether the police must comply with the Arnesh Kumar guidelines before arresting the petitioner.
- Whether a direction under Section 35(3) of the B.N.S.S. is appropriate in the present case.
Legislation cited
- B.N.S., 2023 — s. 351(3), 76
- B.N.S.S. — s. 35(3)
Subjects
- FIR quash
- Arrest procedure
- Arnesh Kumar guidelines
- Section 35(3) B.N.S.
- Criminal Miscellaneous Writ Petition
- Police powers
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23236 of 2026
Aftab Alam
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Devesh Kumar Shukla, Hrishikesh
Mishra
Counsel for Respondent(s) : Ashok Kumar Upadhyay, G.A.,
Shailendra Kumar Singh
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 dated16.9.2026 registered as Case Crime
No. 282 of 2026, under Sections 76, 351(3) of B.N.S. 2023, Police Station-
Nagina, District - Bijnor and for a direction to the respondents not to arrest
the petitioner in pursuance of impugned First Information Report.
2. Learned counsel appearing on behalf of petitioner after some length of
arguments on merits made an innocuous prayer that before arresting the
petitioner 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 petitioner, Sri
Satendra Tiwari, learned A.G.A. appearing on behalf of the State, and Mr.
Shailendra Kumar Singh, learned counsel for respondent no. 4, and
perused the record.
5. Taking into consideration the submissions and prayer made by learned
counsel for the petitioner and no objection by learned A.G.A. on innocuous
prayer made by learned counsel for the petitioner, we are inclined to allow
CRLP No. 23236 of 2026
2
the innocuous prayer made by learned counsel for the petitioner.
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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