HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 22436 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 to quash the impugned first information report dated 09.02.2026 (Annexure No.1 to this writ petition) registered as Case Crime No. 57 of 2026 Under Section 318(4), 336(3) Bharatiya Nyaya Sanhita 2023, Police Station- Devgaon, District- Azamgarh. (ii) Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondents not to arrest the petitioner in pursuance of first information report dated 09.02.2026 in Case Crime No. 57 of 2026 Under Section 318(4), 336(3)Bharatiya Nyaya Sanhita 2023, Police Station- Devgaon, District-Azamgarh." 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, learned A.G.A. appearing on behalf of State Versus Counsel for Petitioner(s) : Anil Kumar, Jai Prakash Prasad, Savan Kumar Counsel for Respondent(s) : G.A., Santosh Kumar Singh Keshav Sonkar .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 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. 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 17, 2026 Saurabh CRLP No. 22436 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad