HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 24051 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 following main reliefs:- "i. Issue a writ order or direction in the nature of Certiorari quashing the impugned F.I.R. dated 28.08.2026 relating to Case Crime No. 0397 of 2026, under Sections 115(2), 352, 351(3), 110 of Bhartiya Nyaya Sanhita (B.N.S.) 2023, Police Station Bilari, District Moradabad (Annexure No. 1 to the writ petition); ii. Issue a writ order or directed in the nature mandamus directing and commanding the respondent No.2 not to arrest the petitioners in pursuance of the First Information Report dated 28.08.2026 relating to Case Crime No. 0397 of 2026, under Sections 115(2), 352, 351(3), 110 of Bhartiya Nyaya Sanhita (B.N.S.) 2023, Police Station Bilari, District Moradabad;" 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 the State vehemently opposed the petition on merits but he has no objection to the innocuous prayer made by learned counsel for the petitioners. Versus Counsel for Petitioner(s) : Rakesh Kumar Verma Counsel for Respondent(s) : G.A. Aniket And 3 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 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 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 Atul CRLP No. 24051 of 2026 2 (Abdul Shahid,J.) (Chandra Dhari Singh,J.) Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad