Allahabad High Court
GANESH RAJBHAR AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court directed the authorities to ensure that arrests be made in compliance with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S., and disposed of the petition.
Summary
Ganesh Rajbhar and four others filed a criminal miscellaneous writ petition seeking the quash of an FIR dated 26‑06‑2026 and a direction that the police not arrest them under Sections 191(2), 115(2), 352, 351(3) and 118(1) of the B.N.S. The petitioners also prayed that, before any arrest, the police follow the procedural guidelines laid down by the Supreme Court in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273. The State opposed the petition on its merits but did not object to the so‑called “innocuous prayer” for compliance with the Arnesh Kumar guidelines. The Court, noting the lack of objection, allowed the innocuous prayer and directed the authorities to ensure that any arrest be carried out in accordance with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S.S. The petition was therefore disposed of with the said direction, without granting a full quash of the FIR or a mandamus against arrest.
Issues considered
- Whether the police must follow the Arnesh Kumar guidelines before arresting the petitioners under the specified sections of the B.N.S.
- Whether the FIR dated 26‑06‑2026 can be quashed.
Legislation cited
- B.N.S.S. — s. 35(3)
Subjects
- arrest procedure
- FIR quash
- certiorari
- mandamus
- Arnesh Kumar guidelines
- Section 35(3)
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 24053 of 2026
Ganesh Rajbhar And 4 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Vrat Sheel
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 to quash
the impugned First Information Report dated 26.06.2026 registered as
Case Crime No. 0230 of 2026, under Sections 191(2), 115(2), 352,
351(3), 118(1) of B.N.S., Police Station- Rasra, District- Ballia.
B. Issue a writ, order or direction in the nature of Mandamus directing
the respondent nos.2 and 3 not to arrest the petitioners in pursuance of
the impugned First Information Report dated 26.06.2026 registered as
Case Crime No. 0230 of 2026, under Sections 191(2), 115(2), 352,
351(3), 118(1) of B.N.S., Police Station- Rasra, District- Ballia."
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.
4. Heard learned counsel appearing on behalf of the petitioners, Mr.
CRLP No. 24053 of 2026
2
Rizwan Ahmad, 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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