Allahabad High Court
ASHER BHASKERversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that while the petition for quashing the FIR was not entertained, the police must conduct any arrest in accordance with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S.
Summary
Petitioner Asher Bhasker filed a writ petition seeking the quash of an FIR dated 23.07.2019 under Section 294 IPC and a mandamus directing the police not to arrest him. He also prayed that the police follow the Supreme Court guidelines laid down in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273. The State opposed the merits of the petition but did not object to the innocuous prayer regarding arrest procedures. The Court, noting the lack of objection, allowed the innocuous prayer and directed the authorities to adhere to the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. The petition was disposed with this direction, without quashing the FIR.
Issues considered
- Whether the FIR under Section 294 IPC can be quashed by a writ of certiorari.
- Whether a mandamus can be issued to prevent the arrest of the petitioner.
- Whether the police must follow the arrest guidelines prescribed in Arnesh Kumar v. State of Bihar.
Legislation cited
- B.N.S.S. — s. 35(3)
Subjects
- FIR
- Section 294 IPC
- Arrest
- Mandamus
- Certiorari
- Arnesh Kumar guidelines
- Supreme Court
- Criminal Procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 24050 of 2026
Asher Bhasker
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Pramod Kumar Singh, Sanjay Kumar
Counsel for Respondent(s) : G.A.
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE ABDUL SHAHID, J.
1. The present writ petition has been preferred with the following main
reliefs:-
"a) issue a writ, order or direction in the nature of certiorari quashing the
impugned First Information Report dated 23.07.2019 registered in Case
Crime No. 0248 of 2019, under Section 294 I.P.C., Police Station-
Khuldabad, District-Prayagraj, (Annexure No. 1 to this Writ Petition).
b) issue a writ, order or direction in the nature of mandamus directing the
respondent authorities to not arrest the petitioner in pursuance of First
Information Report dated 23.07.2019 registered in Case Crime No. 0248 of
2019, under Section 294 I.P.C., Police Station-Khuldabad, District-
Prayagraj."
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 the State vehemently
opposed the petition on merits but he has no objection to the innocuous
prayer made by learned counsel for the petitioner.
4. Heard learned counsel appearing on behalf of the petitioner, Mr. S.K.
Ojha, learned A.G.A. appearing on behalf of the State and perused the
CRLP No. 24050 of 2026
2
record.
5. Taking into consideration the submissions and prayer made by learned
counsel for the petitioner and no objection by learned A.G.A. on innocuous
prayer made by learned counsel for the petitioner, we are inclined to allow
the innocuous prayer made by learned counsel for the petitioner.
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.
October 1, 2026
Atul
(Abdul Shahid,J.) (Chandra Dhari Singh,J.)
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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