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2026 DAILYLAW 1001 (UTT)

VISHAL v. STATE OF UTTARAKHAND

WPCRL/438/2026 · 2026-03-12

Rakesh Thapliyal

body2026

Judgment text

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2026:UHC:1654 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL No. 438 of 2026 Hon’ble Rakesh Thapliyal, J. 1. Mr. Mohit Kumar Kashyap, learned counsel for the petitioner. 2. Mr. Tumul Nainwal, learned A.G.A. with Mrs. Sweta Badola Dobhal, learned Brief Holder for the State. 3. By the instant petition the petitioner is praying for the following reliefs: i. Issue a writ, order or direction in the nature of certiorari quashing the impugned First Information Report dated 07.03.2026 being FIR No. 0080 of 2026 for the offences punishable under section 118(1), 191(2), 191(3), 324(2), 333 and 352 of Bhartiya Nyaya Sanhita, 2023, Police Station Transit Camp, District Udham Singh Nagar (contained as Annexure No. 1 to this writ petition). ii. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 2 not to arrest the petitioner in connection with impugned first information report dated 07.03.2026 being FIR No. 0080 of 2026 for the offences punishable under section 118(1), 191(2), 191(3), 324(2), 333 and 352 of Bhartiya Nyaya Sanhita, 2023, Police Station Transit Camp, District Udham Singh Nagar (contained as Annexure No. 1 to this writ petition) 4. It is argued by the learned counsel for the petitioner that all the offence wherein the petitioner has been implicated are punishable for less than seven years, therefore, I.O. should follow the guidelines formulated by the Hon’ble Apex Court in the case of Arnesh Kumar vs. State of Bihar (2014) 8 SCC 272. 5. Learned A.G.A. also submits that the offences as alleged are punishable for less than seven years, therefore, the I.O. concerned is under legal obligation to follow the guidelines formulated in the case of Arnesh Kumar (supra). 6. In such view of the matter, the instant writ petition is disposed of finally with the direction to 2026:UHC:1654 the I.O. concerned to follow the guidelines formulated by the Hon’ble Apex Court in the case of Arnesh Kumar vs. State of Bihar (2014) 8 SCC 272 while conducting the investigation. (Rakesh Thapliyal, J.) 12.03.2026 PR 2026:UHC:1654