Allahabad High Court
ARSHAD MIYANversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court declined to quash the FIR or grant mandamus but directed the police to follow the arrest guidelines of Arnesh Kumar and Section 35(3) of the B.N.S.S.
Summary
Arshad Miyan filed a criminal miscellaneous writ petition seeking the quash of FIR No. 244 of 2026 registered under sections 126(2), 115(2) and 352 of BNS‑2023 (corresponding to IPC sections 341, 323 and 504) and a mandamus directing the police not to arrest him. The petitioner also made an innocuous prayer that the police follow the Supreme Court guidelines laid down in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273. The State, represented by the learned A.G.A., opposed the substantive reliefs but did not object to the innocuous prayer. The Court, after hearing counsel, declined to quash the FIR or grant the mandamus but allowed the innocuous prayer, directing the authorities to adhere to the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. The petition was consequently disposed with that direction. No further orders were made.
Issues considered
- What relief, if any, is available to quash the FIR dated 11.07.2026 under BNS‑2023?
- Whether a writ of mandamus can be issued to restrain the police from arresting the petitioner.
- Whether the police must follow the arrest procedure guidelines laid down in Arnesh Kumar v. State of Bihar.
Legislation cited
- BNS, 2023 — s. 115(2), 126(2), 352
- B.N.S.S. — s. 35(3)
- Indian Penal Code — s. 323, 341, 504
Subjects
- writ of certiorari
- mandamus
- arrest guidelines
- Arnesh Kumar case
- FIR quash
- Section 35(3) B.N.S.S.
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23442 of 2026
Arshad Miyan
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ankit Kumar Singh, Ritesh Singh,
Suresh Singh
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 writ of certiorari to quash the
impugned F.I.R. dated 11.07.2026, registered as Case Crime No. 244 of 2026,
U/s - 126(2), 115(2), 352 of BNS-2023 (corresponding sections 341, 323, 504
of I.P.C.), Police Station- Bilaspur, District Rampur. (Annexure No.1 to this writ
petition)
(ii) Issue a writ, order or direction in the nature of Mandamus commanding to
the respondents not to arrest or harass the petitioner in pursuance of the
impugned first information report dated 11.07.2026."
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. 23442 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 Mr. Suresh Singh, learned counsel appearing on behalf of
the petitioner, Mr. Rizwan Ahmed, 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
Checking your session…