DILIP GIRI @ KARIYA AND ANOTHER v. THE STATE OF U.P. AND 2 OTHERS
CRLP/21228/2026 · 2026-09-13
Mayur Jain Jt Registrar J Listing, Tarun Saxena
body2026
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[ 2026 DAILYLAW 7096 (ALL) · dailylaw.ai ]
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[ 2026 DAILYLAW 7096 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21228 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 13.08.2026 registered as Case Crime No. 0343 of 2026 under Sections 121(1), 126(2), 132, 115(2), 352, 351(3) and 324(2) of B.N.S., 2023, Police Station-Gopiganj, District- Bhadohi and for a direction to the respondents not to arrest the petitioners 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 principles 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 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 innocuous prayer made by
learned counsel for the petitioners and no objection by learned A.G.A. appearing for the State-respondents, we are inclined to allow the innocuous prayer made by learned counsel for the petitioners.
Versus Counsel for Petitioner(s) : Surya Pratap Singh Parmar Counsel for Respondent(s) : G.A. Dilip Giri @ Kariya And Another .....Petitioner(s) The 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 14, 2026 Shweta CRLP No. 21228 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad