Extracted from the PDF above. The PDF is authoritative.
SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
MCRC No.2/2025 (Recall Application) with WPCRL No.1122 of 2025 Hon’ble Ashish Naithani, J.
Ms. Aastha Niwas, Ms. Gurbani Singh, learned counsel for the Petitioners.
2. Mr. S.S. Chauhan, learned DAG with Mr. Vikash Uniyal, learned Brief Holder, for the State of Uttarakhand/1.
3. This writ petition was decided by this Court vide judgment and order dated 06.10.2025 in terms of the guidelines passed in
“Arnesh Kumar Vs. State of Bihar” reported in 2014 (8) SCC
273. Now, a recall application has been moved by the learned counsel for the Petitioners for recalling of the order dated
06.10.2025.
4. The grounds are sufficient for recalling the order dated
06.10.2025. Recall application is allowed. Order dated 06.10.2025, is hereby recalled.
5. The present writ petition under Article 226 of the Constitution of India filed by the Petitioners for quashing/setting- aside the FIR No.0269 of 2025, dated 20.07.2025 under Sections 318 (4) and 61 (2) of BNS, at P.S. Kotwali, District Dehradun and directing the Respondent no.1 not to arrest the Petitioners in connection with the abovementioned F.I.R.
6. Heard.
7. Admit.
8. Issue notice to the Respondent No.2. Steps to be taken within a week by both ways. Counter affidavit, if any, to be filed by the Respondents within a period of three weeks.
9. List this matter on 24.11.2025.
10. In the interregnum, it is directed that the investigation shall proceed but the present Petitioners shall not be arrested by the Police in pursuance to FIR No.0269 of 2025, dated 20.07.2025
under Section 318 (4) and 61 (2) of BNS, at P.S. Kotwali, District Dehradun. However, they will continue to cooperate with the Investigating Officer of the case and shall remain present, as and when required for production of documents and for recording of their statement.
(Ashish Naithani, J.) 13.10.2025 Nitesh/