Allahabad High Court

CRLP/22931/2026 of SHIVEE SINGH AND 4 OTHERS Vs STATE OF U.P. AND 2 OTHERS on 7 October 2026

Cites 1, Cited by 0

JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22931 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, order or direction in the nature of certiorari

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL MISC. WRIT PETITION No. - 22931 of 2026

Court No. - 48

HON'BLE CHANDRA DHARI SINGH, J.

HON'BLE TARUN SAXENA, J.

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

1

Decisions referred to

In this index

1

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

1. The instant writ petition has been filed seeking following main reliefs:- "(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned first information report dated 02.05.2026 registered as Case Crime No. 75 of 2026, State of U. P. Vs. Shive singh and others, U/s - 308 (2), 329(3), 351(3) BNS, Police Station-Chakeri, District- Kanpur Nagar.

(ii) Issue a writ, order or direction in the nature of Mandamus commanding/directing the respondents not to arrest the Petitioners in pursuance of first information report dated 04.08.2026 registered as Case Crime No. 511 of 2026, under Sections 308(2), 329(3), 351(3) BNS, Police Station Chakeri, District Kanpur Nagar."

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 Versus Counsel for Petitioner(s) : Mohd Saqulain Counsel for Respondent(s) : G.A. Shivee Singh And 4 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)

to the innocuous prayer made by learned counsel for the 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. 22931 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead