Allahabad High Court
CRLP/23042/2026 of SMT. SARASWATI THAKUR AND ANOTHER Vs STATE OF U.P. AND 3 OTHERS on 22 September 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23042 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 commanding
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 23042 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 commanding Mandamus to respondents No.1 and 2 not to arrest the petitioners in Case Crime No. 26 of 2025, under sections 127, 3(5), 308 B.N.S. Police Station Sector 24, Noida, District Gautam Buddh Nagar.
(ii) Issue a writ, order or direction in the nature of Certiorari to quash the first information report dated 17.01.2025 registered as case crime No. 26 of 2025, under sections 127, 3(5), 308 B.N.S. Police Station Sector 24, Noida, District Gautam Buddh Nagar (which is Annexure no. I to this writ petition)."
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 has no objection to the innocuous prayer made by learned counsel for the petitioners.
4. Heard Mr. Arshaan, learned Advocate holding brief of Mr. Syed Ali Imam, learned counsel for the petitioners, Mr. S.N. Tiwari, learned A.G.A. appearing on behalf of the State, and perused the record. Versus Counsel for Petitioner(s) : Syed Ali Imam Counsel for Respondent(s) : G.A. Smt. Saraswati Thakur And Another .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
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. 23042 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad