Allahabad High Court
ISMAIL AND 6 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court directed the police to conduct any arrest in accordance with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. Act and disposed of the petition.
Summary
Petitioners Ismail and six others filed a writ petition challenging an FIR dated 20‑04‑2026 registered under multiple criminal provisions, seeking its quash and mandamus to prevent their arrest and any coercive action. The petition also prayed that the police follow the arrest guidelines laid down in Arnesh Kumar v. State of Bihar. The State opposed the petition on merits but did not object to the limited prayer regarding arrest procedure. The Court, noting the lack of objection to the innocuous prayer, directed the police to comply with the Supreme Court’s Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. Act. The petition was disposed without granting the substantive reliefs sought.
Issues considered
- Whether the FIR registered under Sections 85, 88, 115(2), 352, 351(4), 3(5) of the B.N.S., Sections 3/4 of the D.P. Act and Sections 3/4 of the Muslim Women (Rights and Protection) Act 2019 can be quashed.
- Whether a writ of mandamus can be issued to restrain the police from arresting the petitioners.
- Whether the police must follow the arrest procedure prescribed in Arnesh Kumar v. State of Bihar and Section 35(3) of the B.N.S.S. Act.
Legislation cited
Subjects
- criminal procedure
- FIR quash
- mandamus
- arrest guidelines
- Arnesh Kumar case
- Section 35(3) B.N.S.S.
- writ petition
- certiorari
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23477 of 2026
Ismail And 6 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Virendra Kumar Gupta
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. Issue a writ, order or direction in the nature of certiorari quashing the
impugned First Information Report dated 20.04.2026 registered as Case
Crime No. 109/2026, under Sections 85, 88, 115(2), 352, 351(4), 3(5)
B.N.S., Section 3/4 D.P. Act and Section 3/4 Muslim Women (Rights and
Protection) Act 2019, Police Station Loni, Gramin (Commissionerate
Ghaziabad), District Ghaziabad.
II. Issue a writ, order or direction in the nature of mandamus directing
the respondents not to arrest the petitioner in pursuance of impugned
First Information Report dated 20.04.2026 registered as Case Crime No.
109/2026, under Sections 85, 88, 115(2), 352, 351 (4), 3(5) B.N.S.,
Section 3/4 D.P. Act and Section 3/4 Muslim Women (Rights and
Protection) Act 2019, Police Station Loni, Gramin (Commissionerate
Ghaziabad), District Ghaziabad.
III. Issue a writ, order or direction in the nature of mandamus directing
the respondent authorities not to adopt any coercive method against the
petitioners."
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
CRLP No. 23477 of 2026
2
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.
4. Heard learned counsel appearing on behalf of the petitioners, Mr. S.N.
Tiwari, 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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