Allahabad High Court
CRLP/23468/2026 of SMT INDUMATI DUBEY AND 4 OTHERS Vs STATE OF U.P. AND 3 OTHERS on 27 September 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23468 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:- "1. Issue a writ order, direction in the nature of certiorari to
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23468 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:- "1. Issue a writ order, direction in the nature of certiorari to quash the F.I.R. dated 4.9.2026, Case Crime No.239/2026, under Sections 85, 115(2), 351 (2) BNS and Section 3/4 D.P. Act, P.S. Babu Purwa, Kanpur Nagar (Annexure No.1 to the writ petition).
2. Issue a writ order, direction in the nature of mandamus commanding the respondents not to take any coercive process against the petitioners in pursuance of F.I.R. dated 4.9.2026, Case Crime No.239/2026, under Sections 85, 115(2), 351 (2) BNS and Section 3/4 D.P. Act, P.S. Babu Purwa, 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 petitioners 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 counsel for respondent no.4 and learned A.G.A. appearing on behalf of the State have vehemently opposed the petition on merits but they have no objection to the innocuous prayer made by learned counsel for the petitioners. Versus Counsel for Petitioner(s) : Kapil Kumar Pandey, Virendra Singh Counsel for Respondent(s) : G.A. Smt Indumati Dubey And 4 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
4. Heard learned counsel appearing on behalf of the petitioners, Mr. Umesh Kumar Dubey, learned counsel for respondent no.4, Mr. Vijay Rathi, learned Brief Holder 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 made by learned counsel for respondent no.4 and 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. September 28, 2026 Atul CRLP No. 23468 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad