Allahabad High Court
ROBIN KUMAR AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court directed the authorities to ensure that any arrest be effected in compliance with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S., and disposed of the petition without quashing the FIR.
Summary
Petitioners Robin Kumar and two others filed a criminal miscellaneous writ petition seeking quashal of an FIR dated 09-11-2025 under Sections 318(4), 319(2) 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 be directed to follow the arrest guidelines laid down by the Supreme Court in Arnesh Kumar v. State of Bihar. The State opposed the petition on merits but did not object to the ‘innocuous prayer’ for compliance with those guidelines. The High Court, after hearing counsel, 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 B.N.S.S. No order was made to quash the FIR.
Issues considered
- Whether the High Court should direct the police to follow the arrest procedure prescribed in Arnesh Kumar v. State of Bihar.
- Whether the FIR dated 09-11-2025 can be quashed under the challenged provisions.
- Whether a writ of mandamus can be issued to restrain the arrest of the petitioners.
Legislation cited
- B.N.S.S. — s. 318(4), 319(2), 35(3)
- Information Technology (Amendment) Act — s. 66D
Subjects
- criminal procedure
- arrest guidelines
- certiorari
- mandamus
- FIR quashal
- Information Technology Act
- cybercrime
- Arnesh Kumar guidelines
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23467 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 present writ petition has been preferred with the following main
reliefs:-
"To issue a writ, order or direction in the nature of certiorari quashing
the impugned First Information Report dated 09.11.2025 arising out of
Case Crime No.0236 of 2025, under Sections 318(4), 319(2) B.N.S. and
Section 66D of Information Technology (Amendment) Act, Police Station
Cyber Crime Police Station Ghaziabad, District Nagar (Commissionerate
Ghaziabad);
(b) To issue a writ, order or direction in the nature of mandamus
directing the respondent Nos.2 and 3 not to arrest the petitioners in Case
Crime No.0236 of 2025, under Sections 318(4), 319(2) B.N.S. 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 the State
vehemently opposed the petition on merits but he has no objection to the
CRLP No. 23467 of 2026
2
innocuous prayer made by learned counsel for the petitioners.
4. Heard learned counsel appearing on behalf of the petitioners, Mr.
Rizwan Ahmad, 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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