Allahabad High Court
ANIKET AND 3 OTHERSversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The Court disposed of the petition, directing the police to follow the Arnesh Kumar guidelines and Section 35(3) of the Bhartiya Nyaya Sanhita, without quashing the FIR.
Summary
The petitioners filed a criminal miscellaneous writ petition seeking a certiorari to quash an FIR dated 28.08.2026 under sections 115(2), 352, 351(3) and 110 of the Bhartiya Nyaya Sanhita, and a mandamus directing the police not to arrest them. The petitioners also prayed that the police follow the Supreme Court's 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 the arrest procedure. The Court, noting the lack of objection to the innocuous prayer, allowed it and disposed of the petition, directing the authorities to adhere to the Arnesh Kumar guidelines and Section 35(3) of the B.N.S. No order was made to quash the FIR.
Issues considered
- Whether the FIR dated 28.08.2026 under sections 115(2), 352, 351(3) and 110 of the Bhartiya Nyaya Sanhita can be quashed by a writ of certiorari.
- Whether the arrest of the petitioners can be restrained pending compliance with the guidelines laid down in Arnesh Kumar v. State of Bihar.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 110, 115(2), 351(3), 352, 35(3)
Subjects
- writ petition
- FIR quash
- arrest procedure
- Arnesh Kumar guidelines
- Bhartiya Nyaya Sanhita
- certiorari
- mandamus
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 24051 of 2026
Aniket And 3 Others
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rakesh Kumar Verma
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:-
"i. Issue a writ order or direction in the nature of Certiorari quashing the
impugned F.I.R. dated 28.08.2026 relating to Case Crime No. 0397 of
2026, under Sections 115(2), 352, 351(3), 110 of Bhartiya Nyaya Sanhita
(B.N.S.) 2023, Police Station Bilari, District Moradabad (Annexure No. 1
to the writ petition);
ii. Issue a writ order or directed in the nature mandamus directing and
commanding the respondent No.2 not to arrest the petitioners in
pursuance of the First Information Report dated 28.08.2026 relating to
Case Crime No. 0397 of 2026, under Sections 115(2), 352, 351(3), 110 of
Bhartiya Nyaya Sanhita (B.N.S.) 2023, Police Station Bilari, District
Moradabad;"
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 the State
vehemently opposed the petition on merits but he has no objection to the
innocuous prayer made by learned counsel for the petitioners.
CRLP No. 24051 of 2026
2
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 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.
(Abdul Shahid,J.) (Chandra Dhari Singh,J.)
October 1, 2026
Atul
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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