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2026 DAILYLAW 10403 (ALL)

SHAHAZAD AND 5 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/23234/2026 · 2026-09-30

Abdul Shahid, Mayur Jain Jt Registrar J Listing

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23234 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 8.9.2026 registered as Case Crime No. 533 of 2026, under Sections 85, 115(2), 74, 75(2) of B.N.S., 2023, Section 3/4 Dowry Prohibition Act and Section 3/4 of Muslim Women (Protection of Rights on Marriage) Act, 2019, Police Station Chandpur, District Bijnor 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 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 petitioner. 4. Heard learned counsel appearing on behalf of the petitioners, Sri 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 learned counsel for the petitioners and no objection by learned A.G.A. on innocuous Versus Counsel for Petitioner(s) : Kamesh Kumar Arya, Ravindra Kumar Patel Counsel for Respondent(s) : G.A. Shahazad And 5 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 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 M. Tarik CRLP No. 23234 of 2026 2 (Abdul Shahid,J.) (Chandra Dhari Singh,J.) Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad