Allahabad High Court
ROBIN KUMAR AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court did not quash the FIR or bar arrest but directed the police to follow the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. when effecting any arrest.
Summary
Petitioners Robin Kumar and two others filed a writ petition seeking the quash of an FIR dated 04‑02‑2026 under Section 318(4) of the B.N.S. and Section 66D of the Information Technology (Amendment) Act, and a direction that they not be arrested. They prayed that the police follow the Supreme Court guidelines laid down in Arnesh Kumar v. State of Bihar. The State opposed the merits of the petition but did not object to the limited, "innocuous" prayer. The Court, noting the lack of objection, allowed the innocuous prayer and disposed of the petition, directing the authorities to carry out any arrest in accordance with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. No order was made to quash the FIR or to prohibit arrest.
Issues considered
- What is the appropriate remedy for the petitioners – quash the FIR, prohibit arrest, or merely direct compliance with arrest guidelines?
- Whether the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar are applicable to the present case under Section 318(4) B.N.S. and Section 66D IT Act?
- Whether Section 35(3) of the B.N.S.S. imposes a procedural requirement on the police before arrest.
Legislation cited
- B.N.S. — s. 318(4), 35(3)
- Information Technology (Amendment) Act — s. 66D
Subjects
- FIR quash
- Arrest procedure
- Arnesh Kumar guidelines
- Information Technology Act
- Section 66D
- Criminal procedure
- Writ petition
- Certiorari
- Mandamus
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23445 of 2026
Robin Kumar And 2 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohini, Virendra 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) To issue a writ, order or direction in the nature of certiorari quashing the
impugned First Information Report dated 04.02.2026 arising out of Case
Crime No.0029 of 2026, Under Section 318(4) B.N.S. and Section 66D of
Information Technology (Amendment) Act, Police Station Cyber Crime Police
Station Ghaziabad, District Nagar (Commissionerate Ghaziabad);
(ii) To Issue a writ, order or direction in the nature of Mandamus directing the
respondent no. 2 and 3 not to arrest the petitioners in Case Crime No. 0029 of
2026, under Section 318(4) BNS and Section 66D of Information Technology
(Amendment) Act, Police Station Cyber Crime Police Station Ghaziabad,
District Nagar (Commissionerate Ghaziabad)."
2. Learned counsel appearing on behalf of petitioners after some
length of arguments on merits made an innocuous prayer that
before arresting the petitioners 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. 23445 of 2026
2
vehemently opposed the petition on merits but he has no objection
to the innocuous prayer made by learned counsel for the
petitioners.
4. Heard learned counsel appearing on behalf of the petitioners,
Mr. S.K. Ojha, 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 petitioners and no objection by learned
A.G.A. on innocuous prayer made by learned counsel for the
petitioners, we are inclined to allow the innocuous prayer made by
learned counsel for the petitioners.
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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