Allahabad High Court
CRLP/23070/2026 of SANJAY SINGH DHAKREY AND 8 OTHERS Vs STATE OF U.P. AND 2 OTHERS on 22 September 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23070 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) Issues writ order or direction in the nature of Certiorari
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23070 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) Issues writ order or direction in the nature of Certiorari quashing the first information report dt. 7.9.26 lodged by the respondent no 3 being case crime 459/2026 under section- 115[2] ,352, 351[3] ,61[2], 308[2], 318[4], 305[a] B.N.S. Corresponding section 323,504,507,120-B,389,420,380 I.P.C. P.S. Ekta District -Agra (annexure no.1 to this writ petition).
(ii) Issued a writ order or direction in the nature of mandamus directing the respondent no- 2 not to be arrest the petitioners in case crime no. 459/2026 under section 115[2], 352, 351[3], 61[2], 308[2], 318[4], 305[a] BNS Corresponding section 323,504,507,120-B,389,420,380 I.P.C., P.S.- Ekta District-Agra."
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 vehemently opposed the petition on merits but he has no objection to the innocuous prayer made by learned counsel for the petitioners.
4. Heard Mr. M.C. Tiwari, learned counsel appearing on behalf of the petitioners, Mr. R.K. Gupta, learned A.G.A. appearing on behalf Versus Counsel for Petitioner(s) : Kiran Tiwari, Mahesh Chandra Tiwari Counsel for Respondent(s) : G.A. Sanjay Singh Dhakrey And 8 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
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 23, 2026 Saurabh CRLP No. 23070 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad