HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21341 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 05.08.2026 in Case Crime No.0368 of 2026, under Sections 351 (3) of BNS Police Station Muradnagar Rural (Commissionerate Ghaziabad), District Ghaziabad 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 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, Mr. S.K. Ojha, 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 petitioners. 4. Heard learned counsel appearing on behalf of the petitioners, 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. Versus Counsel for Petitioner(s) : Amit Kumar Chaudhary, Hemant Raj Singh Counsel for Respondent(s) : Birendra Singh Khokher, G.A. Arun Dagar And 3 Others .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 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. September 8, 2026 C. MANI CRLP No. 21341 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad