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2026 DAILYLAW 15396 (ALL)

DEVRAJ SINGH AND 3 OTHERS v. STATE OF U.P. AND 3 OTHERS

CRLP/23504/2026 · 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. - 23504 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 for quashing the impugned First Information Report dated 07.09.2026, in case crime No. 222 of 2026, Under Section 333, 115 (2), 352, 351(3) Β.N.S., Police Station Jigna, District Mirzapur, lodged by Respondent No. 4 (annexed as annexure No.'1' to the writ petition). (ii) Issue a writ order or direction in the nature of mandamus commanding the Respondents not to arrest and harass to the Petitioners, in Case crime No. 222 of 2026, Under Section 333, 115 (2), 352, 351 (3) B.N.S., Police Station Jigna, District Mirzapur." 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 Versus Counsel for Petitioner(s) : Kalp Raj Singh, Satya Prakash Rathor Counsel for Respondent(s) : G.A. Devraj Singh And 3 Others .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 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. S.K. Ojha, 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 7, 2026 Saurabh CRLP No. 23504 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad