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2026 DAILYLAW 15293 (ALL)

BANK SAKHI RAJBALA v. STATE OF U.P. AND 3 OTHERS

CRLP/21669/2026 · 2026-10-07

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. - 21669 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, direction in the nature of certiorari and quash the First Information Report Crime No.0465/2026, u/s 351 (2), 352 of BNS and Section 3(2) (Va) SC/ST Act, P.S. Chandpur, District Bijnore dated 01.08.2026, against petitioners (Annexure no.1 to the writ petition). (ii) Issue an writ order, direction in the nature of to mandamus commanding the respondents not take any coercive process against the petitioner in pursuance of Crime No.0465/2026, u/s 351(2), 352 of BNS and section 3(2) (Va) SC/ST Act, P.S. Chandpur, District Bijnor dated 01.08.2026." 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. Versus Counsel for Petitioner(s) : Kamlesh Kumar Tiwari Counsel for Respondent(s) : Dhirendra Kumar Srivastava, G.A. Bank Sakhi Rajbala .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 4. Heard learned counsel appearing on behalf of the petitioner, Mr. R.K. Gupta, 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 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 8, 2026 Saurabh CRLP No. 21669 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad