HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. WRIT PETITION No. - 23445 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) To issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 04.02.2026 arising out of Case Crime No.0029 of 2026, Under Section 318(4) B.N.S. and Section 66D of Information Technology (Amendment) Act, Police Station Cyber Crime Police Station Ghaziabad, District Nagar (Commissionerate Ghaziabad); (ii) To Issue a writ, order or direction in the nature of Mandamus directing the respondent no. 2 and 3 not to arrest the petitioners in Case Crime No. 0029 of 2026, under Section 318(4) BNS and Section 66D of Information Technology (Amendment) Act, Police Station Cyber Crime Police Station Ghaziabad, District Nagar (Commissionerate Ghaziabad)." 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 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) : Mohini, Virendra Singh Counsel for Respondent(s) : G.A. Robin Kumar And 2 Others .....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 petitioners. 4. Heard learned counsel appearing on behalf of the petitioners, Mr. S.K. Ojha, 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 petitioners and no objection by learned A.G.A. on innocuous prayer made by learned counsel for the petitioners, we are inclined to allow the innocuous prayer made by learned counsel for the petitioners. 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. 23445 of 2026 2 (Tarun Saxena,J.) (Chandra Dhari Singh,J.) Digitally signed by :- SAURABH KUMAR High Court of Judicature at Allahabad