Allahabad High Court
YESH YADAV @ CHHOTUversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court 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. Act and disposed of the petition.
Summary
Petitioner Yesh Yadav filed a criminal miscellaneous writ petition seeking the quash of an FIR dated 08.08.2026 under Sections 303(2), 317(2) and 3(5) of the B.N.S. Act and a mandamus restraining his arrest. The petitioner also prayed that the police follow the arrest guidelines laid down by the Supreme Court in Arnesh Kumar v. State of Bihar. The State opposed the petition but did not object to the innocuous prayer regarding the arrest procedure. The Court, noting the lack of objection, allowed the innocuous prayer and directed the authorities to conduct any arrest in accordance with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S. Act. The writ petition was disposed of with this direction, without granting the main reliefs of quashing the FIR or restraining arrest.
Issues considered
- Whether the FIR dated 08.08.2026 under Sections 303(2), 317(2) and 3(5) of the B.N.S. Act can be quashed.
- Whether a writ of mandamus can be issued to restrain the arrest of the petitioner.
- Whether the police must follow the arrest procedure prescribed in Arnesh Kumar v. State of Bihar and Section 35(3) of the B.N.S. Act.
Legislation cited
- B.N.S. — s. 303(2), 317(2), 3(5), 35(3)
Subjects
- criminal procedure
- FIR quash
- mandamus
- arrest guidelines
- Arnesh Kumar
- Section 35(3)
- B.N.S.
- writ petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 24055 of 2026
Yesh Yadav @ Chhotu
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Brajesh Kumar Singh
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 first information report dated 08.08.2026 bearing Case Crime
No. 208 of 2026, under Sections 303(2), 317 (2), 3(5) B.N.S., Police
Station Thariyao, District-Fatehpur.
ii) Issue a writ, order or direction in the nature of mandamus
commanding the respondents to not arrest the petitioners in pursuance of
first information report dated 08.08.2026 bearing Case Crime No. 208 of
2026, under Sections 303(2), 317(2), 3(5) B.N.S., Police Station Thariyao,
District-Fatehpur."
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.N.
CRLP No. 24055 of 2026
2
Tiwari, 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 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.
(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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