HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21385 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 F.I.R. dated 29.06.2026, F.I.R. No. 0245 of 2026 under section 191(2), 115(2), 352 of B.N.S., P.S. Sahawar, District Kasganj, (Annexure No. 1 to this writ petition). (ii) Issue a writ, order or direction in the nature of Mandamus directing respondent no. 3 not to arrest the petitioners in pursuance of impugned F.I.R. dated 29.06.2026, F.I.R. No. 0245 of 2026 under section 191(2), 115(2), 352 of B.N.S. P.S. Sahawar, District Kasganj (Annexure no.1 to this writ 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 State vehemently opposed the petition on merits but he has no objection to the innocuous prayer made by learned counsel for the Versus Counsel for Petitioner(s) : Raj Kishore Yadav, Ravindra Kumar Yadav Counsel for Respondent(s) : G.A. Mithun @ Bharat And 7 Others .....Petitioner(s) State Of Up And 3 Others .....Respondent(s) petitioners. 4. Heard learned counsel appearing on behalf of the petitioners, Mr. R.K. 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 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. 21385 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad