Allahabad High Court
SMT INDUMATI DUBEY AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that the police must adhere to the arrest procedures prescribed in Arnesh Kumar (2014) 8 SCC 273 and Section 35(3) of the B.N.S.S. when dealing with the petitioners.
Summary
The petitioners sought to quash an FIR dated 4‑September‑2026 and to restrain the police from any coercive action, also praying that the police follow the Supreme Court’s arrest guidelines in Arnesh Kumar v. State of Bihar before making any arrest. The State opposed the merits of the petition but did not object to the innocuous prayer regarding arrest procedure. The Court, noting the lack of objection, allowed the innocuous prayer and directed the authorities to comply with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. The petition was disposed with this direction, without addressing the substantive request to quash the FIR.
Issues considered
- Whether the police must follow the Supreme Court guidelines in Arnesh Kumar v. State of Bihar before arresting the petitioners.
- Whether the FIR dated 4‑September‑2026 can be quashed under Sections 85, 115(2), 351(2) B.N.S.S. and Sections 3/4 of the D.P. Act.
Legislation cited
Subjects
- writ petition
- certiorari
- mandamus
- arrest procedure
- Arnesh Kumar guidelines
- Section 35(3)
- B.N.S.S.
- FIR quash
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23468 of 2026
Smt Indumati Dubey And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Kapil Kumar Pandey, 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:-
"1. Issue a writ order, direction in the nature of certiorari to quash the
F.I.R. dated 4.9.2026, Case Crime No.239/2026, under Sections 85,
115(2), 351 (2) BNS and Section 3/4 D.P. Act, P.S. Babu Purwa, Kanpur
Nagar (Annexure No.1 to the writ petition).
2. Issue a writ order, direction in the nature of mandamus commanding
the respondents not to take any coercive process against the petitioners in
pursuance of F.I.R. dated 4.9.2026, Case Crime No.239/2026, under
Sections 85, 115(2), 351 (2) BNS and Section 3/4 D.P. Act, P.S. Babu
Purwa, Kanpur Nagar."
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 counsel for respondent no.4 and learned A.G.A.
appearing on behalf of the State have vehemently opposed the petition on
merits but they have no objection to the innocuous prayer made by
learned counsel for the petitioners.
CRLP No. 23468 of 2026
2
4. Heard learned counsel appearing on behalf of the petitioners, Mr.
Umesh Kumar Dubey, learned counsel for respondent no.4, Mr. Vijay
Rathi, learned Brief Holder 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 made by learned counsel for
respondent no.4 and 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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