Allahabad High Court
ANOJ KUMARversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court did not 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.
Summary
Petitioner Anoj Kumar filed a criminal miscellaneous writ petition seeking quash of an FIR dated 14.07.2026 under Sections 318(4) and 351(3) of the B.N.S. and a mandamus restraining his arrest. The petitioner also prayed that the police follow the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar regarding arrest procedures. The State opposed the petition on merits but did not object to the innocuous prayer for compliance with the Arnesh Kumar guidelines. The Court, noting the lack of objection, allowed the innocuous prayer and directed the authorities to ensure any arrest is carried out in accordance with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S. The petition was disposed with this direction, without quashing the FIR or issuing a mandamus.
Issues considered
- Whether the FIR dated 14.07.2026 under Sections 318(4) and 351(3) B.N.S. can be quashed.
- Whether a writ of mandamus can be issued to restrain the arrest of the petitioner.
- Whether the police must follow the arrest procedure guidelines laid down in Arnesh Kumar v. State of Bihar and Section 35(3) B.N.S.
Legislation cited
- B.N.S. — s. 318(4), 351(3), 35(3)
Subjects
- FIR quash
- mandamus
- Arrest procedure
- Arnesh Kumar guidelines
- B.N.S.
- Writ petition
- Section 35(3)
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23451 of 2026
Anoj Kumar
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rateesh 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 Certiorari quash the
impugned First Information Report dated 14.07.2026 registered as Case
Crime No.0146 of 2026, under Section 318(4), 351(3) B.N.S., Police Station-
Chhapar, District-Muzaffarnagar (Annexure No.1 to this Writ Petition).
(ii) Issue a writ, order or direction in the nature of Mandamus directing the
respondents not to arrest the petitioner in pursuance of the impugned First
Information Report dated 14.07.2026 registered as Case Crime No.0146 of
2026, under Section 318(4), 351(3) B.N.S., Police Station-Chhapar, District-
Muzaffarnagar."
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
CRLP No. 23451 of 2026
2
to the innocuous prayer made by learned counsel for the petitioner.
4. Heard 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
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