HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23466 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 an order, direction or writ in the nature of certiorari quashing the impugned First Information Report dated 09.09.2026 in Case Crime No. 719 of 2026, Under Sections 316(2), 351(2) BNS, Police Station Kotwali Sahar, District Bijnor (Annexure No.1 to the writ petition). (b) Issue an order, direction or writ in the nature of mandamus directing the respondent No.2 not to arrest the petitioners in pursuance of the First Information Report dated 09.09.2026 in Case Crime No. 719 of 2026, Under Sections 316(2), 351(2) BNS, Police Station Kotwali Sahar, District Bijnor. (c) Issue an order, direction or writ in the nature of mandamus directing the respondents not to take any coercive action against the petitioners in pursuance of the First Information Report dated 09.09.2026 in Case Crime No. 719 of 2026, Under Sections 316(2), 351(2) BNS, Police Station Kotwali Sahar, District Bijnor." 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. Versus Counsel for Petitioner(s) : Achyut Jee, Ranjeet Singh Counsel for Respondent(s) : G.A., Mohd Aadil Siddiqui Farheen Irfan Ahmed And 5 Others .....Petitioner(s) State Of Uttar Pradesh And 2 Others .....Respondent(s) 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 he has no objection to the innocuous prayer made by learned counsel for the petitioners. 4. Heard learned counsel appearing on behalf of the petitioners, Mr. Zeeshan Khan, learned counsel for respondent no.3 and Mr. K.P. Pathak, 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. 23466 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad