HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23236 of 2026 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J. HON'BLE ABDUL SHAHID, J. 1. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated16.9.2026 registered as Case Crime No. 282 of 2026, under Sections 76, 351(3) of B.N.S. 2023, Police Station- Nagina, District - Bijnor and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. 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 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, Sri Satendra Tiwari, learned A.G.A. appearing on behalf of the State, and Mr. Shailendra Kumar Singh, learned counsel for respondent no. 4, and perused the record. 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 Versus Counsel for Petitioner(s) : Devesh Kumar Shukla, Hrishikesh Mishra Counsel for Respondent(s) : Ashok Kumar Upadhyay, G.A., Shailendra Kumar Singh Aftab Alam .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 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. October 1, 2026 M. Tarik CRLP No. 23236 of 2026 2 (Abdul Shahid,J.) (Chandra Dhari Singh,J.) Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad