Allahabad High Court
ARVIND KUMARversusSTATE OF UTTAR PRADESH AND 3 OTHERS
- Decided
Holding
The Court allowed the innocuous prayer and directed the police to follow the Arnesh Kumar guidelines and Section 35(3) of the B.N.S., 2023 before arresting the petitioner.
Summary
Arvind Kumar filed a writ petition seeking quashment of an FIR dated 26‑01‑2026 under several sections of the B.N.S., 2023, and requested that the police follow the Supreme Court’s guidelines 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 specific ‘innocuous’ prayer for compliance with those guidelines. The Court, after hearing counsel for both sides, allowed the innocuous 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 consequently disposed with this direction, without ordering the FIR to be quashed.
Issues considered
- What procedural safeguards must police observe before arresting the petitioner under the Arnesh Kumar guidelines?
- Whether the petition seeking quashment of the FIR should be entertained in light of the requested procedural direction.
Legislation cited
- B.N.S., 2023 — s. 115(2), 191(2), 333, 351(3), 352, 35(3)
Subjects
- arrest procedure
- Arnesh Kumar guidelines
- B.N.S. 2023
- FIR quashment
- criminal procedure
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23247 of 2026
Arvind Kumar
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vineet Singh Parmar
Counsel for Respondent(s) : Ashok Kumar Tripathi, G.A., Nidhi
Tripathi
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 26.01.2026, registered as
Case Crime No. 20 of 2026, under sections 191(2), 115(2), 352, 351(3)
and 333 of B.N.S., 2023, Police Station Bakewar, District Etawah.
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, Mr. R.K.
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 petitioner and no objection by learned A.G.A. on
innocuous prayer made by learned counsel for the petitioner, we are
inclined to allow the innocuous prayer made by learned counsel for the
petitioner.
CRLP No. 23247 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.
October 1, 2026
K.K. Maurya
(Abdul Shahid,J.) (Chandra Dhari Singh,J.)
Digitally signed by :-
KAMLESH KUMAR MAURYA
High Court of Judicature at Allahabad
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