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2025 DAILYLAW 16170 (UTT)

SHIRISH ARORA ALIAS RISHI ARORA v. STATE OF UTTARAKHAND

WPCRL/1601/2025 · 2025-12-03

Ashish Naithani

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Dat e Of f ice Not es, r epor t s, or ders or pr oceedin gs or dir ect ion s an d Regist r ar’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS 2025:UHC:10744 WPCRL No.1601 of 2025 Hon ’ble Ash ish Nait h an i, J. Mr. Mani Kumar, learned counsel for the Petitioner. 2. Mr. G.C. Joshi, learned AGA, for the State of Uttarakhand/1 & 2. 3. The present Petitioner has put a challenge to the FIR No.308 of 2025, dated 28.11.2025, which was registered at Police Station Gadarpur, District Udham Singh Nagar for his alleged involvement in commission of the offences under Section 25 of the Arms Act, 1959. 4. As far as the offences under Section 25 of the Arms Act, 1959, are concerned, it carry a sentence of less than seven years, and it will be covered by the ratio laid down by the Hon’ble Apex Court in the matters of “Arnesh Kumar vs. State Of Bihar” reported in 2014 (8) SCC 273, where the Applicant is required to surrender before the court and seek his bail. However, the said benefit of “Arnesh Kumar vs. State of Bihar”, would be extended to the Petitioner, subject to the condition that he cooperates with the investigation and render full support to the Respondent No.3. 5. In view of the aforesaid, this writ petition is being disposed of under the guidelines framed under the judgment of “Arnesh Kumar vs State of Bihar”. However, if there is any dereliction on part of the Petitioner for not cooperating in the investigation, the benefit as granted by this order would automatically seize to have its effect. ( Ash ish Nait h an i, J.) 0 3 .1 2 .2 0 2 5 Nitesh/