HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 24351 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 19.07.2026 registered as Case Crime No. 0211 of 2026, under Sections 126, 191(2), 191(3), 352 and 351(2) BNS, Police Station Refinery, District Mathura, insofar as it relates to the petitioners. II. Issue a writ, order or direction commanding the respondents not to arrest the petitioners in pursuance of the aforesaid FIR during the pendency of the present petition." 2. Learned counsel appearing on behalf of petitioners after some length of arguments on merits made an innocuous prayer that before arresting the petitioners 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 petitioners. 4. Heard learned counsel appearing on behalf of the petitioners, Mr. Rajeev Kumar Srivastava, learned counsel for respondent no.5, Mr. R.K. Versus Counsel for Petitioner(s) : Ashutosh Kumar Pandey, Surendra Kumar Shukla Counsel for Respondent(s) : G.A. Manoj And 2 Others .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) 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 petitioners and no objection made by learned counsel for respondent no.4 and 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 Atul CRLP No. 24351 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad