HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 24041 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) Issue a writ, order, or direction in the nature of Certiorari and quash the alleged First Information Report Dated 23.08.2026 in Case crime no. 0393 of 2026 Under section 115(2), 352, 351(3) B.N.S. Police Station Sipari Bazzar District-Jhansi. (ii) Issue a writ, order or directions in the nature of mandamus commanding the respondent no.2 not to arrest or harass the petitioners in pursuant to the first information report dated 23.08.2026 in Case crime no. 0393 of 2026 Under section 115(2), 352, 351(3) B.N.S. Police Station Sipari Bazzar District- Jhansi." 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 Mr. Vinay Kumar, learned counsel appearing on behalf of the petitioners, Mr. Rajendra Prasad Mishra, learned A.G.A. appearing on behalf of the State and perused the record. Versus Counsel for Petitioner(s) : Ranjit Kumar Gautam, Vinay Kumar Counsel for Respondent(s) : G.A. Bhagwan Sharan Shau And Another .....Petitioner(s) State Of U.P. 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. 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. 24041 of 2026 2 (Abdul Shahid,J.) (Chandra Dhari Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad