Allahabad High Court
GULREJ AND 8 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The Court held that arrests must be carried out in accordance with the Supreme Court's Arnesh Kumar guidelines and Section 35(3) of the Bharatiya Nyay Sanhita, 2023.
Summary
Petitioners Gulrej and others filed a criminal miscellaneous writ petition seeking the quash of an FIR dated 11‑02‑2026 and a mandamus restraining their arrest, invoking several provisions of the Bharatiya Nyay Sanhita, 2023. The petitioners also prayed that the police follow the Supreme Court guidelines laid down in Arnesh Kumar v. State of Bihar before making any arrest. The State opposed the petition on merits but did not object to the innocuous prayer regarding the arrest procedure. The Court, after hearing counsel, allowed the innocuous prayer and disposed of the petition, directing the authorities to ensure that any arrest complies with the Arnesh Kumar guidelines and Section 35(3) of the B.N.S. No order was passed to quash the FIR or to issue a full mandamus. The petition was therefore dismissed with directions on the arrest procedure.
Issues considered
- Whether the FIR dated 11‑02‑2026 can be quashed under the provisions of the Bharatiya Nyay Sanhita, 2023.
- Whether a writ of mandamus can be issued to restrain the arrest of the petitioners.
- Whether the police must adhere to the Supreme Court guidelines in Arnesh Kumar v. State of Bihar while effecting an arrest.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 137(2), 3(5), 351(3), 352, 35(3), 61(2), 85
Subjects
- criminal procedure
- FIR quash
- mandamus
- arrest guidelines
- Supreme Court precedent
- high court writ petition
- Bharatiya Nyay Sanhita
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 7961 of 2026
Gulrej And 8 Others
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Mohammad Waseem, Zulekha Begum
Counsel for Respondent(s) : Krishna Kumar Shukla, 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 11.2.2026 in Case Crime No.
79 of 2026, under Sections 61(2), 351(3), 352, 3(5), 137(2), 85 of
Bharatiya Nyay Sanhita (B.N.S.) 2023, Police Station Bhojipura, District
Bareilly (Annexure no. 1) to this writ petition.
(ii) Issue a writ, order or direction in the nature of mandamus directing
the respondents not to arrest the petitioners in pursuance of the impugned
first information report dated 11.02.2026 in Case Crime No. 79 of 2026,
under Sections 61(2), 351(3), 352, 3(5), 137(2), 85 of Bharatiya Nyay
Sanhita (B.N.S.) 2023, Police Station Bhojipura, District Bareilly."
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. 7961 of 2026
2
4. Heard learned counsel appearing on behalf of the petitioners, Mr. Vijay
Rathi, learned Brief Holder 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.)
September 30, 2026
Atul
Digitally signed by :-
ATUL KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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