HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 20685 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 quashing the impugned First Information Report dated 11.08.2026 registered as Case Crime No. 0347 of 2026, under Sections 333, 352, 115(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, Police Station Jalesar, District Etah, insofar as it relates to the petitioners. (Annexure No.1 to this writ petition.) (ii) Issue a writ, order or direction in the nature of Mandamus directing the respondents to not arrest the petitioners in First Information Report dated 11.08.2026 registered as Case Crime No. 0347 of 2026, under Sections 333, 352, 115(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, Police Station Jalesar, District Etah." 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 State vehemently opposed the petition on merits but he has no objection Versus Counsel for Petitioner(s) : Rajesh Kumar, Ramesh Kumar Singh Counsel for Respondent(s) : G.A. Charan Singh And 2 Others .....Petitioner(s) State Of Up And 3 Others .....Respondent(s) 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. September 8, 2026 Saurabh CRLP No. 20685 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad