A division bench of Apex Court has held as follows,
From Para 8,
8. In view of the above settled legal position, wherein this Court has held that once a petition under Article 226 of the Constitution of India and/or Section 482 of Code of Criminal Procedure, 1973, and/or Section 528 of Bharatiya Nyaya Sanhita, 2023 is preferred, the same should be decided on merits, rather than dismissing the same as infructuous or by directing the Police to follow Arnesh Kumar vs. State of Bihar (supra).
Citations:
Other Sources:
Index of Quash judgments is here.
