Allahabad High Court
CRLP/23412/2026 of AYUSH DUBEY Vs STATE OF U.P. AND 4 OTHERS on 6 October 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23412 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. - 23412 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 order or direction in the nature of certiorari quashing the impugned first information report dated 17.09.2026 (Annexure No. 1 to the writ petition) lodged by the respondent no. 5.
(ii) Issue a writ order or direction in the nature of mandamus commanding the respondents not to arrest the petitioner in pursuance of the first information report dated 17.09.2026 case crime No. 0647 of 2026 under section 7 of prevention of Corruption Act, 1988 and under Section 319 (2) of BNS 2023, Police Station Kavi Nagar, District Ghaziabad."
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 Versus Counsel for Petitioner(s) : Maithali Sharan Pipersenia Counsel for Respondent(s) : G.A. Ayush Dubey .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
to the innocuous prayer made by learned counsel for the petitioner.
4. Heard learned counsel appearing on behalf of the petitioner, Mr. R.K. Gupta, 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 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 7, 2026 Saurabh CRLP No. 23412 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad