HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 24034 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 to quash the impugned First Information Report dated 15.09.2026 registered as Case Crime No. 464 of 2026, under Sections 191(2), 115(2), 352, 351(3) of BNS, Police Station Sadar Bazar, District Saharanpur. (ii) Issue a writ, order or direction in the nature of Mandamus to stay the arrest of the petitioners in pursuance of First Information Report dated 15.09.2026 registered as Case Crime No. 464 of 2026 under sections 191(2), 115(2), 352, 351(3) of B.N.S., Police Station-Sadar Bazar, District-Saharanpur." 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 and learned counsel for the respondent no. 4 vehemently opposed the petition on merits but have raised no objection to the innocuous prayer made by learned counsel for the petitioners. 4. Heard learned counsel appearing on behalf of the petitioners, Mr. Versus Counsel for Petitioner(s) : Chandra Pal, Rajesh Kumar, Udayveer Singh Counsel for Respondent(s) : G.A. Hardeep Singh And 6 Others .....Petitioner(s) State Of Up And 3 Others .....Respondent(s) S.K. Ojha, learned A.G.A. appearing on behalf of the State, Mr. Surendra Narayan Mishra, learned counsel for the respondent no. 4 and perused the record. 5. Taking into consideration the submissions and prayer made by learned counsel for the petitioners and no objection by learned counsel for the 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. 24034 of 2026 2 (Abdul Shahid,J.) (Chandra Dhari Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad