HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23467 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:- "To issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 09.11.2025 arising out of Case Crime No.0236 of 2025, under Sections 318(4), 319(2) B.N.S. and Section 66D of Information Technology (Amendment) Act, Police Station Cyber Crime Police Station Ghaziabad, District Nagar (Commissionerate Ghaziabad); (b) To issue a writ, order or direction in the nature of mandamus directing the respondent Nos.2 and 3 not to arrest the petitioners in Case Crime No.0236 of 2025, under Sections 318(4), 319(2) B.N.S. and Section 66D of Information Technology (Amendment) Act, Police Station Cyber Crime Police Station Ghaziabad, District Nagar (Commissionerate 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 A.G.A. appearing on behalf of the State vehemently opposed the petition on merits but he has no objection to the Versus Counsel for Petitioner(s) : Mohini, Virendra Singh Counsel for Respondent(s) : G.A. Robin Kumar And 2 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) innocuous prayer made by learned counsel for the petitioners. 4. Heard learned counsel appearing on behalf of the petitioners, Mr. Rizwan Ahmad, 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. 23467 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad