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2026 DAILYLAW 8068 (ALL)

SHUAIB ALIAS MOHAMMAD SHUAIB v. STATE OF U.P. AND 3 OTHERS

CRLP/19841/2026 · 2026-09-13

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. - 19841 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 31.01.2026 lodged by the respondent no. 4, registered in Case crime no.0035 of 2026 Under section 85,115(2),352,351(3),74 of BNS and 3/4 of Dowry Prohibition Act Police Station Nehtaur, District Bijnor 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 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 innocuous prayer made by learned counsel for the petitioner and no objection by learned A.G.A. appearing for the State-respondents, we are inclined to allow the innocuous prayer made by learned Versus Counsel for Petitioner(s) : Umair Mahmood Counsel for Respondent(s) : G.A., Praveen Kumar Shuaib Alias Mohammad Shuaib .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 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 14, 2026 Shweta CRLP No. 19841 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad