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2026 DAILYLAW 5980 (ALL)

MOHD ANSAR AHMAD v. STATE OF U.P. AND 3 OTHERS

CRLP/21355/2026 · 2026-09-07

Mayur Jain Jt Registrar J Listing, Tarun Saxena

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21355 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 26.11.2025 in Case Crime No.0102 of 2025, under Sections 318 (4) of BNS and Section 66D of Information Technology (Amendment) Act, 2008, Police Station Narval, District Kanpur Nagar 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 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. 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 petitioner. 4. Heard learned counsel appearing on behalf of the petitioner, 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. Versus Counsel for Petitioner(s) : Jamil Ahmad Ansari, Sunil Kumar Counsel for Respondent(s) : G.A. Mohd Ansar Ahmad .....Petitioner(s) State Of U.P. And 3 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. 21355 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad