Allahabad High Court
ALOK KUMARversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court disposed the petition, directing the police to follow the Arnesh Kumar arrest guidelines and Section 35(3) of the B.N.S.S., without granting the reliefs sought.
Summary
Alok Kumar filed a criminal miscellaneous writ petition seeking the quashal of an FIR dated 22‑07‑2026 and a mandamus directing the police not to arrest him. The petition also requested that the police follow the Supreme Court guidelines laid down 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, after hearing counsel for both sides, allowed the innocuous prayer and disposed of the petition, directing the authorities to adhere to the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. No relief was granted to quash the FIR or to issue a mandamus.
Issues considered
- What relief, if any, can be granted to quash the FIR dated 22‑07‑2026?
- Whether a mandamus can be issued directing the police not to arrest the petitioner.
- Whether the police must follow the arrest guidelines prescribed in Arnesh Kumar v. State of Bihar and Section 35(3) of the B.N.S.S.
Legislation cited
Subjects
- criminal procedure
- FIR quash
- arrest guidelines
- mandamus
- Section 35(3)
- Arnesh Kumar
- writ petition
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 24030 of 2026
Alok Kumar
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Manoj Kumar Yadav, Shalini Yadav
Counsel for Respondent(s) : G.A.
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE ABDUL SHAHID, J.
1. The instant writ petition has been filed seeking following main
reliefs:-
"(i) A Writ, order or direction in the nature of Certiorari quashing the impugned
First Information Report dated 22.07.2026 in Case Crime No. 0215 of 2026
under Sections 85, 115(2), 352, 127(2) of BNS and 3/4 D.P. Act, P.S-
Nawabganj, District- Farrukhabad.
(ii) A Writ, order or direction in the nature of Mandamus directing the
respondent No. 3 not to arrest the petitioners."
2. Learned counsel appearing on behalf of petitioner after some
length of arguments on merits made an innocuous prayer that before
arresting the petitioner 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 State
vehemently opposed the petition on merits but 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.K. Ojha, learned A.G.A. appearing on behalf of the State and
perused the record.
5. Taking into consideration the submissions and prayer made by
CRLP No. 24030 of 2026
2
learned counsel for the petitioners and no objection by learned
counsel for the State-respondents 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.
(Abdul Shahid,J.) (Chandra Dhari Singh,J.)
October 1, 2026
Saurabh
Digitally signed by :-
SAURABH KUMAR
High Court of Judicature at Allahabad
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