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2025 DAILYLAW 91281 (ALL)

MUSTAKEEM AND 2 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/19609/2025 · 2025-10-08

Lakshmi Kant Shukla, Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 19609 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 06.8.2025 registered as Case Crime No. 0278 of 2025, under sections- 191 (2) , 333, 131, 115 (2), 252 and 351 (3) B.N.S., 2023, Police Station- Nakur, District - Saharanpur 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 made innocuous prayer that before arresting the petitioners police may be directed to follow the principle laid down by Hon'ble Apex Court in 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 learned counsel for the petitioner and learned A.G.A. appearing on behalf of 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 Versus Counsel for Petitioner(s) : Ajay Singh Ruhela, Alok Singh Counsel for Respondent(s) : G.A. Mustakeem And 2 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 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 of B.N.S.S. October 9, 2025 AKT CRLP No. 19609 of 2025 2 (Lakshmi Kant Shukla,J.) (Chandra Dhari Singh,J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad