HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 24030 of 2026 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J. HON'BLE ABDUL SHAHID, J. 1. The instant writ petition has been filed seeking following main reliefs:- "(i) A Writ, order or direction in the nature of Certiorari quashing the impugned First Information Report dated 22.07.2026 in Case Crime No. 0215 of 2026 under Sections 85, 115(2), 352, 127(2) of BNS and 3/4 D.P. Act, P.S- Nawabganj, District- Farrukhabad. (ii) A Writ, order or direction in the nature of Mandamus directing the respondent No. 3 not to arrest 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 State vehemently opposed the petition on merits but has no objection to the innocuous prayer made by learned counsel for the petitioners. 4. Heard learned counsel appearing on behalf of the petitioners, Mr. S.K. Ojha, learned A.G.A. appearing on behalf of the State and perused the record. 5. Taking into consideration the submissions and prayer made by Versus Counsel for Petitioner(s) : Manoj Kumar Yadav, Shalini Yadav Counsel for Respondent(s) : G.A. Alok Kumar .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) learned counsel for the petitioners and no objection by learned counsel for the State-respondents 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. October 1, 2026 Saurabh CRLP No. 24030 of 2026 2 (Abdul Shahid,J.) (Chandra Dhari Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad