HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23402 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 writ of certiorari quashing the impugned first information report dated 22.07.2026 which is registered as Case Crime No.70 of 2026, Under Section 85, 115(2), 351(2) B.N.S., Police Station-Kotwali, District-Moradabad (Annexure No.1 to this writ petition). (ii) Issue a writ order or direction in the nature of writ of mandamus commanding the respondent no. 2 not to arrest the petitioner in pursuance of the first information report dated 22.07.2026 which is registered as Case Crime No.70 of 2026, Under Section 85, 115(2), 351(2) B.N.S., Police Station- Kotwali, District-Moradabad, during the pendency of the instant writ petition before this Hon'ble Court." 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. Versus Counsel for Petitioner(s) : Vivek Kumar Tiwari Counsel for Respondent(s) : G.A. Sultan Alias Sultan Ahmad Khan .....Petitioner(s) State Of Uttar Pradesh And 2 Others .....Respondent(s) 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. 4. Heard learned counsel appearing on behalf of the petitioner, Mr. K.P. Pathak, 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 7, 2026 Saurabh CRLP No. 23402 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad