HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22931 of 2026 Court No. - 48 HON'BLE CHANDRA DHARI SINGH, J. HON'BLE TARUN SAXENA, J. 1. The instant writ petition has been filed seeking following main reliefs:- "(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned first information report dated 02.05.2026 registered as Case Crime No. 75 of 2026, State of U. P. Vs. Shive singh and others, U/s - 308 (2), 329(3), 351(3) BNS, Police Station-Chakeri, District- Kanpur Nagar. (ii) Issue a writ, order or direction in the nature of Mandamus commanding/directing the respondents not to arrest the Petitioners in pursuance of first information report dated 04.08.2026 registered as Case Crime No. 511 of 2026, under Sections 308(2), 329(3), 351(3) BNS, Police Station Chakeri, District Kanpur Nagar." 2. Learned counsel appearing on behalf of petitioners 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 Versus Counsel for Petitioner(s) : Mohd Saqulain Counsel for Respondent(s) : G.A. Shivee Singh And 4 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) to the innocuous prayer made by learned counsel for the petitioners. 4. Heard learned counsel appearing on behalf of the petitioners, Mr. S.N. Tiwari, 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. October 8, 2026 Saurabh CRLP No. 22931 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad