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:10317
WPCRL No.1504 of 2025 Hon ’ble Ash ish Nait h an i, J.
Mr. Vivek Shukla, learned counsel for the Petitioners through VC.
2. Mr. N.S. Kanyal, learned AGA, for the State of Uttarakhand/1 to 3.
3. The present Petitioners have put a challenge to the FIR No.112 of 2025, which was registered at Police Station Tanakpur, District Champawat for their alleged involvement in commission of the offences under Sections 11, 12 of POCSO Act 2012 along with 115 (2), 126 (2), 351 (3), 352 and 74 of BNS, 2023.
4. As far as the offences under 11, 12 of POCSO Act 2012 along with 115 (2), 126 (2), 351 (3), 352 and 74 of BNS, 2023 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 Petitioners, subject to the condition that they cooperate 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 Petitioners 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.) 2 0 .1 1 .2 0 2 5 Nitesh/