Allahabad High Court
CRLP/23549/2026 of HAVALDAR YADAV Vs STATE OF U.P. AND 3 OTHERS on 6 October 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23549 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 following main reliefs:- "(i) issue a writ, order or direction in the nature of
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23549 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 following main reliefs:- "(i) issue a writ, order or direction in the nature of Certiorari quashing the impugned F.I.R. dated 10.09.2026, which has been registered as Case Crime No.0377 of 2026, under Section 3/7 Essential Commodities Act, Police Station- Sidhari, District- Azamgarh (Annexure No.1 to this writ petition);
(ii) issue a writ, order or direction in the nature of Mandamus directing to the respondent authorities not to arrest and harass the petitioner in pursuance of the impugned F.I.R. dated 10.09.2026, which has been registered as Case Crime No.0377 of 2026, under Section 3/7 Essential Commodities Act, Police Station- Sidhari, District- Azamgarh (Annexure No.1 to this writ petition)."
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 the State vehemently opposed the petition on merits but he has no objection to the innocuous prayer made by learned counsel for the petitioner. Versus Counsel for Petitioner(s) : Anurag Upadhyay Counsel for Respondent(s) : G.A. Havaldar Yadav .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
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 Atul CRLP No. 23549 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad