Allahabad High Court
CRLP/23076/2026 of AVADHESH AND 9 OTHERS Vs STATE OF U.P. AND 2 OTHERS on 22 September 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23076 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. - 23076 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 07.09.2026 registered at Police Station Dhanari, District-Sambhal, being Case Crime No. 222/2026, under Section 191(2), 333, 115(2), 352 BNS.
(ii) Issue a writ, order or direction in the nature of Mandamus commanding/directing to the respondent no. 2 not to arrest of the petitioners in pursuance of the impugned First Information Report dated 07.09.2026 registered at Police Station-Dhanari, District-Sambhal, being Case Crime No. 222/2026, under Section 191(2), 333, 115(2), 352 BNS."
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 A.G.A. appearing on behalf of State and learned counsel for the respondent no. 3 vehemently opposed the petition on merits but has no objection to the innocuous prayer made by learned counsel for the petitioners.
4. Heard learned counsel for the petitioners, Mr. R.K. Gupta, learned A.G.A. appearing on behalf of the State, Mr. Javed Khan, Versus Counsel for Petitioner(s) : Pavan Kumar Counsel for Respondent(s) : G.A., Imaran Khan, Javed Khan Avadhesh And 9 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
learned counsel for the respondent no. 3, 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. as well as learned counsel for the respondent no. 3 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 23, 2026 Saurabh CRLP No. 23076 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad