Allahabad High Court
AMARENDRA @ AVANEND SHARMA AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that the petitioners are entitled to a direction that any arrest must conform to the Supreme Court's Arnesh Kumar guidelines and Section 35(3) of the Bharatiya Nyaya Sanhita, and disposed of the petition without quashing the FIR.
Summary
Petitioners filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 06.08.2026 under sections 115(2), 352, 351(3) and 324(4) of the Bharatiya Nyaya Sanhita, 2023, and a mandamus directing the police not to arrest them. The petitioners prayed that the police follow the Supreme Court guidelines laid down in Arnesh Kumar v. State of Bihar (2014) before making any arrest. 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 disposed of the petition, directing the authorities to ensure that any arrest be carried out in accordance with the Arnesh Kumar guidelines and Section 35(3) of the Bharatiya Nyaya Sanhita. No order was passed to quash the FIR; the petition was dismissed with directions on arrest procedure.
Issues considered
- Whether the FIR dated 06.08.2026 under sections 115(2), 352, 351(3) and 324(4) of the Bharatiya Nyaya Sanhita can be quashed.
- Whether the petitioners are entitled to a direction restraining their arrest pending compliance with the Arnesh Kumar guidelines.
- Whether Section 35(3) of the Bharatiya Nyaya Sanhita applies to the present arrest procedure.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 324(4), 351(3), 352, 35(3)
Subjects
- FIR
- quash
- arrest
- certiorari
- mandamus
- Arnesh Kumar guidelines
- Bharatiya Nyaya Sanhita
- criminal procedure
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23453 of 2026
Amarendra @ Avanend Sharma And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Aishwarya Pratap Singh
Counsel for Respondent(s) : G.A.
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
1. The present writ petition has been preferred with the following main
reliefs:-
"(i) to issue a writ, order or direction in the nature of Certiorari quashing
the impugned First Information Report dated 06.08.2026, registered as
Case Crime No. 0322 of 2026, under Sections 115(2), 352, 351(3) and
324(4) of the Bharatiya Nyaya Sanhita, 2023, Police Station Anoopshahr,
District Bulandshahr.
(ii) to issue a writ, order or direction in the nature of Mandamus
commanding the concerned respondents not to arrest the petitioners in
pursuance of the impugned First Information Report dated 06.08.2026
registered as Case Crime No. 0322 of 2026, under Sections 115(2), 352,
351(3) and 324(4) of the Bharatiya Nyaya Sanhita, 2023, Police Station
Anoopshahr, District Bulandshahr."
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 the State
vehemently opposed the petition on merits but he has no objection to the
innocuous prayer made by learned counsel for the petitioners.
CRLP No. 23453 of 2026
2
4. Heard learned counsel appearing on behalf of the petitioners, 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 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
Atul
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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