Allahabad High Court
Chandra Kant And 4 Others vs State Of Up And 3 Others on 17 November, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:204372-DB
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 25444 of 2025
Chandra Kant And 4 Others
.....Petitioner(s)
Versus
State Of Up And 3 Others
.....Respondent(s)
Counsel for Petitioner(s)
:
Anwar Hussain, Pradeep Kumar Singh Chauhan
Counsel for Respondent(s)
:
G.A.
Court No. - 48
HON'BLE CHANDRA DHARI SINGH, J.
HON'BLE LAKSHMI KANT SHUKLA, J.
1. The present writ petition has been preferred with the prayer to quash the impugned First Information Report dated 24.09.2025 registered as Case Crime No. 0487 of 2025, under Sections 85, 115(2), 351(3) of B.N.S. 2023 and 3/4 Dowry Prohibition Act, Police Station- Sasni Gate, District - Aligarh.
2. Mr. Anees Beg, Advocate holding brief of Mr. P.K.S. Chauhan, 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, Mr. R.K. Gupta, learned A.G.A. appearing on behalf of State 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 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 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. (Lakshmi Kant Shukla,J.) (Chandra Dhari Singh,J.) November 17, 2025 Saurabh