Allahabad High Court
HARDEEP SINGH AND 6 OTHERSversusSTATE OF UP AND 3 OTHERS
- Decided
Holding
The Court directed the police to conduct arrests in accordance with the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar and Section 35(3) of the B.N.S.S., and disposed of the writ petition.
Summary
Hardeep Singh and six others filed a writ petition seeking to quash an FIR dated 15‑09‑2026 and to stay their arrest under sections 191(2), 115(2), 352 and 351(3) of the B.N.S. They also prayed that the police follow the Supreme Court’s guidelines in Arnesh Kumar v. State of Bihar. The State opposed the merits of the petition but raised no objection to the innocuous prayer regarding arrest procedure. The Court, noting the lack of objection, allowed the innocuous prayer and directed the police to ensure that any arrest complies with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. The petition was thereafter disposed of.
Issues considered
- Whether the FIR dated 15‑09‑2026 under sections 191(2), 115(2), 352 and 351(3) of the B.N.S. can be quashed.
- Whether the arrest of the petitioners can be stayed pending compliance with the Arnesh Kumar guidelines.
- Whether the Court can direct the police to follow Section 35(3) of the B.N.S.S. in effecting an arrest.
Legislation cited
- B.N.S.S. — s. 35(3)
Subjects
- FIR quash
- certiorari
- mandamus
- arrest procedure
- Arnesh Kumar guidelines
- Section 35(3) B.N.S.S.
- criminal procedure
- high court writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 24034 of 2026
Hardeep Singh And 6 Others
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Chandra Pal, Rajesh Kumar, Udayveer
Singh
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) Issue a writ, order or direction in the nature of Certiorari to quash the
impugned First Information Report dated 15.09.2026 registered as Case
Crime No. 464 of 2026, under Sections 191(2), 115(2), 352, 351(3) of BNS,
Police Station Sadar Bazar, District Saharanpur.
(ii) Issue a writ, order or direction in the nature of Mandamus to stay the arrest
of the petitioners in pursuance of First Information Report dated 15.09.2026
registered as Case Crime No. 464 of 2026 under sections 191(2), 115(2), 352,
351(3) of B.N.S., Police Station-Sadar Bazar, District-Saharanpur."
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 State and
learned counsel for the respondent no. 4 vehemently opposed the
petition on merits but have raised no objection to the innocuous
prayer made by learned counsel for the petitioners.
4. Heard learned counsel appearing on behalf of the petitioners, Mr.
CRLP No. 24034 of 2026
2
S.K. Ojha, learned A.G.A. appearing on behalf of the State, Mr.
Surendra Narayan Mishra, learned counsel for the respondent no. 4
and perused the record.
5. Taking into consideration the submissions and prayer made by
learned counsel for the petitioners and no objection by learned
counsel for the 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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