Allahabad High Court
CRLP/21674/2026 of DEV KARAN Vs STATE OF UP AND 2 OTHERS on 8 October 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21674 of 2026 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J. HON'BLE TARUN SAXENA, J. 1. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 27.07.2026 in F.I.R. No.0154 of
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 21674 of 2026
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
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1. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 27.07.2026 in F.I.R. No.0154 of 2026, under Sections 352, 351(3) of BNS (Corresponding sections 504,
I.P.C.), Police Station Rabupura, District Gautambuddhnagar and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report.
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 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. V.K. Rathi, 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 Versus Counsel for Petitioner(s) : Sanjay Babu Kesherwani, Shyam Babu Vaish Counsel for Respondent(s) : G.A. Dev Karan .....Petitioner(s) State Of Up And 2 Others .....Respondent(s)
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 9, 2026 SK Srivastava CRLP No. 21674 of 2026
(Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad