Allahabad High Court
PANKAJ GUPTAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court disposed the petition by directing the police to follow the arrest guidelines of Arnesh Kumar v. State of Bihar and Section 35(3) of the B.N.S., 2023.
Summary
Petitioner Pankaj Gupta filed a criminal miscellaneous writ petition seeking to quash an FIR dated 11 September 2026 under Section 74 of the B.N.S., 2023, and requested that the police follow the Supreme Court guidelines laid down in Arnesh Kumar v. State of Bihar before making any arrest. The State opposed the petition on its merits but did not object to the limited prayer concerning arrest procedures. The Court, after hearing counsel for both sides, allowed the innocuous prayer and directed the authorities to adhere to the Arnesh Kumar guidelines and Section 35(3) of the B.N.S. The petition was disposed with this direction, without ordering the quash of the FIR.
Issues considered
- Whether the Court can direct the police to follow the Arnesh Kumar guidelines before arresting the petitioner.
- Whether the FIR under Section 74 of the B.N.S., 2023 should be quashed.
Legislation cited
- B.N.S., 2023 — s. 35(3), 74
Subjects
- Criminal Procedure
- FIR
- Arrest Guidelines
- Supreme Court Directions
- Writ Petition
- Section 35(3)
- Quash of FIR
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23248 of 2026
Pankaj Gupta
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Avaneesh Kumar Upadhyay, Shailesh
Kumar Yadav
Counsel for Respondent(s) : G.A., Raj 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 dated 11.09.2026, registered as
Case Crime No. 0122 of 2026, under sections 74 of B.N.S., 2023, Police
Station Dokati, District Ballia.
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 Mr. Raj
Kumar Singh, learned counsel for the opposite party 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 the innocuous prayer made by learned counsel for the
petitioner.
CRLP No. 23248 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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