HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23427 of 2025 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J. HON'BLE LAKSHMI KANT SHUKLA, J. 1. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 22.09.2025 registered as Case Crime No.0160 of 2025, under Sections 316 (2), 351 (2) BNS, Police Station-Garautha, District-Jhansi and for a direction to the respondents not to arrest the petitioners in pursuance of impugned First Information Report. 2. Learned counsel appearing on behalf of petitioners after some length of arguments on merits submitted that all the aforesaid offences are punishable with imprisonment below seven years and 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, Ms. Falaq Wakeel holding brief of Sri Faqru Zaman, learned counsel for the respondent no. 3 and learned A.G.A. appearing on behalf of State vehemently opposed the petition on merits but they have no objection to the innocuous prayer made by learned counsel for the petitioners. 4. Heard learned counsel appearing on behalf of the petitioner, Ms. Falaq Wakeel holding brief of Sri Faqru Zaman, learned counsel for the respondent no.3 as well as learned A.G.A. appearing on behalf of the State and perused the record. Versus Counsel for Petitioner(s) : Rohit Kumar, Umang Chandra Gupta Counsel for Respondent(s) : G.A. Harsh Gupta And Another .....Petitioner(s) State Of Uttar Pradesh And 2 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. as well as learned counsel appearing on behalf of 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./41-A Cr.P.C. October 16, 2025 AKT CRLP No. 23427 of 2025 2 (Lakshmi Kant Shukla,J.) (Chandra Dhari Singh,J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad