Allahabad High Court
CRLP/22086/2026 of SAURABH AND 4 OTHERS Vs STATE OF UTTAR PRADESH AND 2 OTHERS on 20 September 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22086 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 or direction in the nature of certiorari
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 22086 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 or direction in the nature of certiorari quashing the impugned First Information Report dated 01.08.2026 lodged in Case Crime No. 0233 of 2026, under Sections 85, 115 (2), 351(3), 352 of B.N.S. and Section 3/4 of Dowry Prohibition Act, Police Station- Bidhnoo, District-Kanpur Nagar.
2. issue a writ, order or direction in the nature of mandamus commanding and directing the respondents not to arrest the petitioners in pursuance of the First Information Report dated 01.08.2026 lodged in Case Crime No. 0233 of 2026, under Sections 85, 115 (2), 351(3), 352 of B.N.S. and Section 3/4 of Dowry Prohibition Act, Police Station- Bidhnoo, District- Kanpur Nagar, by respondent no.3 and no coercive steps be taken against petitioners by the concerned police."
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 the State vehemently opposed the petition on merits but he has no objection to the Versus Counsel for Petitioner(s) : Ashish Kumar Gupta Counsel for Respondent(s) : Braj Mohan Singh, G.A. Saurabh And 4 Others .....Petitioner(s) State Of Uttar Pradesh And 2 Others .....Respondent(s)
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, Mr. Braj Mohan Singh, learned counsel for 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. 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 21, 2026 Atul CRLP No. 22086 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad