Allahabad High Court
CRLP/22248/2026 of MOHD. IRFAN AND 2 OTHERS Vs STATE OF U.P. AND 3 OTHERS on 7 October 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22248 of 2026 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J. HON'BLE TARUN SAXENA, J. 1. The instant writ petition has been filed seeking following main reliefs:- "(i) Issue a writ or order or direction in the nature of certiorari
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22248 of 2026
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE TARUN SAXENA, J.
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1. The instant writ petition has been filed seeking following main reliefs:- "(i) Issue a writ or order or direction in the nature of certiorari quashing the impugned First Information Report dated 06.06.2026 registered as Case Crime No. 222 of 2026 under section 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act at Police Station-Naubasta, District-Kanpur Nagar. (Annexure No. 1 to Writ Petition).
(ii) Issue a writ or order or direction in the nature of mandamus directing the authority concern not to adopt any coercive action or not to arrest the Petitioner."
2. Learned counsel appearing on behalf of petitioners 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 Versus Counsel for Petitioner(s) : Deepak Kumar Dubey, Yadavendra Dwivedi Counsel for Respondent(s) : G.A. Mohd. Irfan And 2 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
petitioners.
4. Heard learned counsel appearing on behalf of the petitioners, Mr. S.N. 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 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. October 8, 2026 Saurabh CRLP No. 22248 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad