Allahabad High Court
CRLP/18223/2026 of SHADAB ANWAR KHAN Vs STATE OF U.P. AND 2 OTHERS on 7 September 2026
JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 18223 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. - 18223 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 to quash the impugned FIR dated 14.07.2026 in Case Crime No. 328 of 2026, under Sections 318(4), 352, 351(3) BNS 2023, Police Station Prem Nagar, District Jhansi (Annexure No. 1 to the writ petition). II) Issue a writ order or direction in the nature of mandamus directing to respondents not to arrest the petitioners in pursuance to the impugned F.I.R. and not adopt any coercive action against the petitioners."
2. Learned counsel appearing on behalf of petitioner after some length of arguments on merits made an innocuous prayer that before arresting the petitioner 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 innocuous prayer made by learned counsel for the petitioner.
4. Heard learned counsel appearing on behalf of the petitioner, Mr. Imran Khan, learned counsel for respondent no.3 and Mr. S.N. Tiwari, learned A.G.A. appearing on behalf of the State and perused the record. Versus Counsel for Petitioner(s) : Arvind Kumar Verma, Dinesh Rai Counsel for Respondent(s) : Imran Khan, G.A. Shadab Anwar Khan .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
5. Taking into consideration the submissions and prayer made by learned counsel for the petitioner and no objection by learned A.G.A. on innocuous prayer made by learned counsel for the petitioner, we are inclined to allow the innocuous prayer made by learned counsel for the petitioner.
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 8, 2026 Atul CRLP No. 18223 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad