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Allahabad High Court

FARHEEN IRFAN AHMED AND 5 OTHERSversusSTATE OF UTTAR PRADESH AND 2 OTHERS

Decided

Holding

The Court disposed the petition, directing that the arrest, if any, be carried out in accordance with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. Act, without quashing the FIR or granting mandamus.

Summary

The petitioners sought quashing of an FIR dated 09.09.2026 under Sections 316(2) and 351(2) BNS and mandamus to prevent their arrest and any coercive action. The respondents opposed the merits but did not object to an innocuous prayer that the police follow the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar. The Court, after hearing counsel, allowed only the innocuous prayer and declined to quash the FIR or issue mandamus. It directed the authorities to ensure that any arrest complies with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. Act. Consequently, the writ petition was disposed with that direction.

Issues considered

  • Whether the FIR dated 09.09.2026 under Sections 316(2) and 351(2) BNS should be quashed.
  • Whether a writ of mandamus can be issued to restrain the arrest of the petitioners.
  • Whether the arrest procedure must conform to the guidelines laid down in Arnesh Kumar v. State of Bihar.
  • Whether Section 35(3) of the B.N.S.S. Act mandates a specific procedure for arrest in this context.

Legislation cited

Subjects

  • writ petition
  • FIR quash
  • mandamus
  • arrest procedure
  • Arnesh Kumar guidelines
  • Section 35(3) B.N.S.S.
  • Criminal Procedure

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CRIMINAL MISC. WRIT PETITION No. - 23466 of 2026

Farheen Irfan Ahmed And 5 Others
                                                           .....Petitioner(s)
                                  Versus

State Of Uttar Pradesh And 2 Others
                                                         .....Respondent(s)

Counsel for Petitioner(s)             :    Achyut Jee, Ranjeet Singh
Counsel for Respondent(s)             :    G.A., Mohd Aadil Siddiqui

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:-

"(a) Issue an order, direction or writ in the nature of certiorari quashing
the impugned First Information Report dated 09.09.2026 in Case Crime
No. 719 of 2026, Under Sections 316(2), 351(2) BNS, Police Station
Kotwali Sahar, District Bijnor (Annexure No.1 to the writ petition).

(b) Issue an order, direction or writ in the nature of mandamus directing
the respondent No.2 not to arrest the petitioners in pursuance of the First
Information Report dated 09.09.2026 in Case Crime No. 719 of 2026,
Under Sections 316(2), 351(2) BNS, Police Station Kotwali Sahar,
District Bijnor.

(c) Issue an order, direction or writ in the nature of mandamus directing
the respondents not to take any coercive action against the petitioners in
pursuance of the First Information Report dated 09.09.2026 in Case
Crime No. 719 of 2026, Under Sections 316(2), 351(2) BNS, Police
Station Kotwali Sahar, District Bijnor."

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.
                                                                                        CRLP No. 23466 of 2026
                                                                  2


                                    3. Per contra, learned counsel for respondent no.3 and 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.

                                    4. Heard learned counsel appearing on behalf of the petitioners, Mr.
                                    Zeeshan Khan, learned counsel for respondent no.3 and Mr. K.P. Pathak,
                                    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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