Allahabad High Court
POLAVARAPU KRISHNA MOHANversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court directed that any 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.S.
Summary
Petitioner Polavarapu Krishna Mohan filed a writ petition seeking the quashing of an FIR dated 17/04/2026 and a mandamus directing the police not to arrest him under sections 308(2), 319(2), 318(4) of the B.N.S.S. 2023 and section 66D of the IT (Amendment) Act. While the State opposed the merits of the petition, it raised no objection to the petitioner’s “innocuous prayer” that the police follow the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar before making any arrest. The Court, after hearing counsel, allowed this prayer and directed the authorities to conduct any arrest in compliance with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. The writ petition was therefore disposed of with the said direction, without addressing the substantive request to quash the FIR.
Issues considered
- The Court should direct the police to follow the arrest procedure laid down in Arnesh Kumar v. State of Bihar before arresting the petitioner.
Legislation cited
- B.N.S.S. — s. 35(3)
- B.N.S.S., 2023 — s. 308(2), 318(4), 319(2)
- IT (Amendment) Act — s. 66D
Subjects
- Writ petition
- Certiorari
- Mandamus
- Arrest procedure
- Arnesh Kumar guidelines
- Cyber crime
- Section 66D
- Procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23440 of 2026
Polavarapu Krishna Mohan
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajendra Prasad Mishra, Satyam
Mishra, Surendra Kumar
Counsel for Respondent(s) : G.A.
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. The instant writ petition has been filed seeking following main
reliefs:-
"(i) Issue a Writ, Order or Direction in the nature of Certiorari quashing
impugned FIR dated 17/04/2026 in case crime no. 0051 of 2026 u/s 308(2),
319(2), 318(4) BNS 2023 and section 66D IT (Amendment) Act, PS- Cyber
Crime Police Station, district Nagar (Commissionerate Agra) in so far as it
relates to petitioner.
(ii) Issue a writ, order or direction in the nature of mandamus commanding the
respondents no. 1 & 2 to not arrest the petitioner in case crime no. no. 0051 of
2026 u/s 308(2), 319(2), 318(4) BNS 2023 and section 66D IT (Amendment)
Act PS- Cyber Crime Police Station, district Nagar (Commissionerate Agra)
during investigation of the case."
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
CRLP No. 23440 of 2026
2
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 for the petitioner, Mr. R.K. Gupta,
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.
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.
(Tarun Saxena,J.) (Chandra Dhari Singh,J.)
September 28, 2026
Saurabh
Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad
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