HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23464 of 2026 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J. HON'BLE TARUN SAXENA, J. 1. The present writ petition has been preferred with the following main reliefs:- "(a) Issue a writ, order or direction in the nature of Certiorari quashing the impugned First Information Report dated 12.09.2026, registered as Case Crime No. 274 of 2026, under Sections 318 (4), 352, 351 (2) of B.N.S., Police Station Madhuban, District Ghaziabad (contained as Annexure No.1 to this writ petition). (b) Issue a writ, order or direction in the nature of mandamus directing the respondents not to arrest the petitioners in Case Crime No. 274 of 2026, under Sections 318 (4), 352, 351 (2) of B.N.S., Police Station - Madhuban, District Ghaziabad." 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 counsel for respondent no.3 and learned A.G.A. appearing on behalf of the State vehemently opposed the petition on merits but they have no objection to the innocuous prayer made by learned counsel for the petitioners. Versus Counsel for Petitioner(s) : Jitendra Singh, Vikesh Kumar Tiwari Counsel for Respondent(s) : Anita Tripathi, G.A., Sanjay Kumar Mishra Kavita Tyagi 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. Sanjay Kumar Mishra, learned counsel for respondent no.3 and 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. September 28, 2026 Atul CRLP No. 23464 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad