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2026 DAILYLAW 15447 (ALL)

MOHD MUSTFEEQ SIDDIQUI v. STATE OF U.P. AND 2 OTHERS

CRLP/23552/2026 · 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. - 23552 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 17.08.2026 in Case Crime No. 0382 of 2026, under Sections 318(4), 336(3) of Bhartiya Nyaya Sanhita, 2023, Police Station Prem Nagar, District Jhansi 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 learned counsel appearing on behalf of the petitioner, learned A.G.A. appearing on behalf of the State and perused the record. Versus Counsel for Petitioner(s) : Aditya Prakash Singh, Mayank Awasthi Counsel for Respondent(s) : Abhinav Tripathi, G.A., Rajeev Kumar Mohd Mustfeeq Siddiqui .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 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. 23552 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- RAMKESH PRAJAPATI High Court of Judicature at Allahabad