Extracted from the PDF above. The PDF is authoritative.
2026:UHC:1838 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. 444 of 2026 Hon’ble Rakesh Thapliyal, J.
1. Mr. Avidit Noliyal, learned counsel for the petitioners.
2. Mr. Bhaskar Chandra Joshi and Mr. Sandeep Sharma, learned A.G.A. with Mrs. Rangoli Purohit and Mr. Vijay Khanduri, learned Brief Holders for the State.
3. By the instant petition the petitioners are praying for the following reliefs: i. Issue a writ, order or direction in the nature of certiorari quashing the impugned FIR No. 087/2026, (Dated 28-02-2026), offences punishable under sections 318(4) of BNS, 2023 P.S. Gangnahar, District Haridwar (Annexed as annexure no. 1 to this writ petition). ii. Issue a writ, order or direction in the nature of mandamus commanding the respondent nos. 1 and 2 not to harass and arrest the petitioners in view of the impugned FIR No. 087/2026, (Dated 28-02-2026), offences punishable under sections 318(4) of BNS, 2023 P.S. Gangnahar, District Haridwar.
4.
Learned counsel for the petitioners submits that the offences as alleged in the FIR against the petitioners 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 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 272 and issue appropriate notices while conducting the investigation.
(Rakesh Thapliyal, J.) 17.03.2026 PR
2026:UHC:1838