Allahabad High Court
CRLP/23374/2026 of SHIVENDRA YADAV AND ANOTHER Vs STATE OF U.P. AND 2 OTHERS on 6 October 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23374 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 to
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23374 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 to quash the first information report dated 8.09. 2026, registered in FIR/Case crime no.- 467/2026, Under sections 115(2), 352, 351(3), 127(2), 117(2) & 61(2), B.N.S., Police station-Pilkhuwa, District-Hapur.
(ii) Issue a writ, order or direction in the nature of Mandamus, directing and commanding respondent no.-2 not to arrest, harass and torture the petitioners in pursuance of the first information report dated 8.09.2026, registered in FIR/Case crime no.-467/2026, Under sections 115 (2), 352, 351(3), 127(2), 117(2) & 61(2), B.N.S., Police station-Pilkhuwa, District-Hapur."
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) : Brajesh Kumar Singh Counsel for Respondent(s) : G.A. Shivendra Yadav And Another .....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. 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 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 7, 2026 Saurabh CRLP No. 23374 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad