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2026 DAILYLAW 12927 (ALL)

VAISHALI GOEL v. STATE OF U.P. AND 3 OTHERS

CRLP/22809/2026 · 2026-10-06

Mayur Jain Jt Registrar J Listing, Tarun Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22809 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 prayer to quash the impugned First Information Report dated 03.08.2026 in Case Crime No. 0206 of 2026, under Sections 333, 115(2), 352, 351(3), 318(4) of Bhartiya Nyaya Sanhita, 2023 & Sections 3(1)da), 3(1)(dha) of SC/ST Act, Police Station Chola, District Bulandshahr and for a direction to the respondents not to arrest the petitioner in pursuance of impugned First Information Report. 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 principles 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 opposed the petition on merits but he has no objection to the innocuous prayer made by learned counsel for the petitioner. 4. Heard Mr. Gaurav Kumar Srivastava, learned counsel appearing on behalf of the petitioner, Mr. S.K. Ojha, learned A.G.A.-I appearing on Versus Counsel for Petitioner(s) : Anmol, Gaurav Kumar Srivastava Counsel for Respondent(s) : G.A., Nitin Sharma, Pawan Gaur Vaishali Goel .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) behalf of the State as well as Mr. Nitin Sharma, learned counsel appearing for the respondent no. 4 and perused the record. 5. Taking into consideration the submissions and innocuous prayer made by learned counsel for the petitioner and no objection by learned A.G.A. appearing for the State-respondents, we are inclined to allow the innocuous prayer made by learned counsel for the petitioner. 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 7, 2026 Prajapati RK CRLP No. 22809 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad