Extracted from the PDF above. The PDF is authoritative.
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. 352 of 2026 Hon’ble Rakesh Thapliyal, J.
1. Mr. Sanjay Kumar Chandel, 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 27.11.2025 (FIR No. 0190 of 2025) under section 316(2) and 318(4) of the Bhartiya Nyaya Sanhita, 2023 at P.S. Premnagar, District Dehradun (contained as Annexure no. 1 to this writ petition). ii. Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent nos. 1 & 2 not to arrest the petitioner in connection with impugned First Information Report dated 27.11.2025 (FIR No. 0190 of 2025) under section 316(2) and 318(4) of the Bhartiya Nyaya Sanhita, 2023 at P.S. Premnagar, District Dehradun during the pendency of present writ petition.
4. It is argued by the learned counsel for the petitioner that the offence as alleged is 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 by issuing notice under section 35(3) of BNSS, 2023, while conducting the investigation.
5. Learned A.G.A. also submits that the offence as alleged is punishable for less than seven years, therefore, the I.O. concerned is under legal obligation to issue notice under section 35(3) of BNSS, 2023.
6. In such view of the matter, the instant writ petition is disposed of finally with the direction to 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.) 11.03.2026 PR