Allahabad High Court
VINOD YADAVversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court directed that the arrest of the petitioner must be carried out in accordance with the Supreme Court guidelines in Arnesh Kumar v. State of Bihar and Section 35(3) of the B.N.S. 2023.
Summary
Vinod Yadav filed a criminal miscellaneous writ petition seeking the quash of an FIR dated 9‑August‑2026 under Sections 329(3), 221 and 132 of the B.N.S. 2023 and a direction that he not be arrested. He also prayed that, before any arrest, the police follow the Supreme Court guidelines laid down in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273. The State opposed the merits of the petition but did not object to the innocuous prayer regarding the arrest procedure. 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 disposed with this direction.
Issues considered
- Whether the petitioner is entitled to a direction that the police follow the Arnesh Kumar guidelines before arresting him.
- Whether the Court can issue a direction under Section 35(3) of the B.N.S. 2023 in the present writ petition.
Legislation cited
- B.N.S., 2023 — s. 132, 221, 329(3), 35(3)
Subjects
- arrest procedure
- FIR quash
- Arnesh Kumar guidelines
- Section 35(3)
- B.N.S. 2023
- writ petition
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23263 of 2026
Vinod Yadav
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sanju Soni, Yogendra Yadav
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 9.8.2026 registered as Case Crime
No. 197 of 2026, under Sections 329(3), 221, 132 of B.N.S. 2023, Police
Station- Kandharpur, District - Azamgarh 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 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 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. 23263 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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