MOHD. SALEEM @ PAPPU SHAH AND 4 OTHERS v. STATE OF U.P. AND 3 OTHERS
CRLP/23250/2026 · 2026-09-30
Abdul Shahid, Mayur Jain Jt Registrar J Listing
body2026
DailyLaw.ai
[ 2026 DAILYLAW 10335 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 10335 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23250 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 dated 07.08.2026, registered as Case Crime No. 90 of 2026, under sections 191(2), 115(2), 352, 351(3) B.N.S. (under section 147, 323, 504, 506 I.P.C.) and section 3(1)(r), 3(1)(s) of S.C./S.T. Act, Police Station Unj, District Bhadohi.
2. Learned counsel appearing on behalf of petitioners after some length of arguments on merits 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, 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 appearing on behalf of the petitioners, Mr. Shrawan Kumar 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 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. Versus Counsel for Petitioner(s) : Virendra Kumar Yadav Counsel for Respondent(s) : G.A. Mohd. Saleem @ Pappu Shah And 4 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
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 K.K. Maurya CRLP No. 23250 of 2026 2 (Abdul Shahid,J.) (Chandra Dhari Singh,J.) Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad