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2026:UHC:2507 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. 557 of 2026 Hon’ble Rakesh Thapliyal, J.
1. Mr. Anand Kumar Pandey, learned counsel for the petitioners.
2. Mr. Vijay Khanduri, learned Brief Holder for the State.
3. By the instant petition the petitioners namely Sarfaraz Ahmed, Sabana Parveen, Sunny, Waseem Akram, Faheem Ahmed, Naeem, Abdulla, Sahabuddin@Bhura, Faiyaz Ahmed, Siraz, Ashfaq Hussain, Sahbaz and Jahabaz are praying for quashing of the First Information Report dated 23.03.2026 bearing FIR No. 0095 of 2026, wherein, the petitioners have been implicated for the offences punishable under sections 115(2), 191(2) and 329 of BNS, 2023, P.S. Gadarpur, District Udham Singh Nagar.
4. It is argued by the learned counsel for the petitioners that all the offences are punishable for less than seven years and as such the I.O. concerned is under legal obligation to follow the guidelines formulated by the Hon’ble Apex Court in the case of Arnesh Kumar vs. State of Bihar (2014) 8 SCC 273.
5. Learned State counsel have no objection on this and 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 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 273 and issue appropriate notices while conducting the investigation.
(Rakesh Thapliyal, J.) 08.04.2026 PR
2026:UHC:2507