HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23440 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 quashing impugned FIR dated 17/04/2026 in case crime no. 0051 of 2026 u/s 308(2), 319(2), 318(4) BNS 2023 and section 66D IT (Amendment) Act, PS- Cyber Crime Police Station, district Nagar (Commissionerate Agra) in so far as it relates to petitioner. (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondents no. 1 & 2 to not arrest the petitioner in case crime no. no. 0051 of 2026 u/s 308(2), 319(2), 318(4) BNS 2023 and section 66D IT (Amendment) Act PS- Cyber Crime Police Station, district Nagar (Commissionerate Agra) during investigation of the case." 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) : Rajendra Prasad Mishra, Satyam Mishra, Surendra Kumar Counsel for Respondent(s) : G.A. Polavarapu Krishna Mohan .....Petitioner(s) State Of U.P. And 2 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 for the petitioner, Mr. R.K. Gupta, 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 28, 2026 Saurabh CRLP No. 23440 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad