HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 24128 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:- "I. Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 16.02.2025 registered as Case Crime No. 53 of 2025, under Sections 318(4), 351(2), 352 and 316(2) of B.N.S., at Police Station Kotwali Mau, District Mau. II. Issue a writ, order or direction in the nature of mandamus directing the respondent no. 2 not to arrest the petitioner in pursuant to the impugned F.I.R. dated 16.02.2025, registered as Case Crime No. 53 of 2025, under Sections 318(4), 351(2), 352 and 316(2) of B.N.S., at Police Station Kotwali Mau, District Mau." 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 the 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 Sri. Akash Dwivedi, learned counsel appearing on behalf of the petitioner, Sri 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 Versus Counsel for Petitioner(s) : Akash Dwivedi Counsel for Respondent(s) : G.A. Ritik Pawan Sadiwal .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 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. 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 5, 2026 Vikram CRLP No. 24128 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad