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2026 DAILYLAW 10858 (ALL)

PANKAJ GUPTA v. STATE OF U.P. AND 3 OTHERS

CRLP/23248/2026 · 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. - 23248 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 11.09.2026, registered as Case Crime No. 0122 of 2026, under sections 74 of B.N.S., 2023, Police Station Dokati, District Ballia. 2. Learned counsel appearing on behalf of petitioner after some length of arguments on merits made an innocuous prayer that before arresting the petitioner 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 petitioner, Mr. R.K. Pathak, learned A.G.A. appearing on behalf of the State and Mr. Raj Kumar Singh, learned counsel for the opposite party no. 4 and perused the record. 5. Taking into consideration the submissions and prayer made by learned counsel for the petitioner and no objection by learned A.G.A. on innocuous prayer made by learned counsel for the petitioner, we are inclined to allow the innocuous prayer made by learned counsel for the petitioner. Versus Counsel for Petitioner(s) : Avaneesh Kumar Upadhyay, Shailesh Kumar Yadav Counsel for Respondent(s) : G.A., Raj Kumar Singh Pankaj Gupta .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 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 K.K. Maurya CRLP No. 23248 of 2026 2 (Abdul Shahid,J.) (Chandra Dhari Singh,J.) Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad