Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 21207 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 26.07.2026 registered as Case Crime No. 613 of 2026 under Sections 318(4), 61(2), 352, 351(3) of B.N.S., 2023 Police Station-Kawarsi, District-Aligarh 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 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 and Shri Adnan Aamir, learned counsel for the respondent no. 4 have opposed the petition on merits but they have no objection to the innocuous prayer made by learned counsel for the petitioner.
4. Heard learned counsel appearing on behalf of the petitioner, Shri Adnan Aamir, learned counsel for the respondent no. 4 and 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 petitioner and no objection by learned A.G.A. appearing for the State-respondents and Shri Adnan Aamir, learned counsel for the respondent no. 4, we are inclined to allow the innocuous prayer made by learned counsel for the petitioner.
6. The writ petition is disposed of with a direction to the authorities Versus Counsel for Petitioner(s) : Mohd Nasir, Mohd. Gufran Counsel for Respondent(s) : Adnan Aamir, G.A. Sohail Ahmad .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
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. 21207 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad