Allahabad High Court
CRLP/23477/2026 of ISMAIL AND 6 OTHERS Vs STATE OF U.P. AND 3 OTHERS on 27 September 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23477 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 certiorari
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23477 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 First Information Report dated 20.04.2026 registered as Case Crime No. 109/2026, under Sections 85, 88, 115(2), 352, 351(4), 3(5) B.N.S., Section 3/4 D.P. Act and Section 3/4 Muslim Women (Rights and Protection) Act 2019, Police Station Loni, Gramin (Commissionerate Ghaziabad), District Ghaziabad.
II. Issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioner in pursuance of impugned First Information Report dated 20.04.2026 registered as Case Crime No. 109/2026, under Sections 85, 88, 115(2), 352, 351 (4), 3(5) B.N.S., Section 3/4 D.P. Act and Section 3/4 Muslim Women (Rights and Protection) Act 2019, Police Station Loni, Gramin (Commissionerate Ghaziabad), District Ghaziabad.
III. Issue a writ, order or direction in the nature of mandamus directing the respondent authorities not to adopt any coercive method against the petitioners."
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 Versus Counsel for Petitioner(s) : Virendra Kumar Gupta Counsel for Respondent(s) : G.A. Ismail And 6 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
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 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. September 28, 2026 Atul CRLP No. 23477 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad