Allahabad High Court
CRLP/23223/2026 of AFTAB AND 3 OTHERS Vs STATE OF U.P. AND 3 OTHERS on 8 October 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23223 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 28.08.2026 in Case Crime No. 0290
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23223 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 28.08.2026 in Case Crime No. 0290 of 2026, under Sections 115(2), 352, 351(2) of Bhartiya Nyaya Sanhita, 2023 & Section 3(1)(r), 3(1)(s) & 3(2)(va) of SC/ST Act, Police Station Kyoladia, District Bareilly and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report.
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 principles 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 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, learned A.G.A. appearing on behalf of the State and perused the record. Versus Counsel for Petitioner(s) : Arbaz Khan, Chandra Prakash Mishra Counsel for Respondent(s) : G.A. Aftab And 3 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
5. Taking into consideration the submissions and innocuous prayer made by learned counsel for the petitioners and no objection by learned A.G.A. appearing for the State-respondents, 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. October 9, 2026 Prajapati RK CRLP No. 23223 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad