2026:UHC:649 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.215 of 2026 Hon’ble Subhash Upadhyay, J. Mr. Niranjan Bhatt, learned counsel for the petitioner. 2. Mr. G.S. Sandhu, learned Additional Advocate General with Mr. Himanshu Sain and Mr. Vijay Khanduri, learned Brief Holders for the State. 3. Mr. Rajat Mittal, learned counsel for respondent no.3/complainant. 4. By means of this writ petition, petitioner seeks a writ of certiorari to quash the FIR dated 20.01.2026 registered as Case Crime No.16 of 2016 under Section 308(2) and 251(3) BNS, 2023, Police Station Dalanwala, District Dehradun. Further, a writ of mandamus has been sought, commanding the respondents not to arrest the petitioner in the aforesaid case crime. 5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the instant case; the FIR is based on bald, vague and unsubstantiated allegations and that no offence under Section 308(2) and 351(3) BNS, 2023 is made out against the petitioner. That apart, he would submit that the offences, as alleged in the FIR, are punishable with the imprisonment of less than seven years, which is not disputed 2026:UHC:649 by Mr. G.S. Sandhu, learned Additional Advocate General for the State. 6. In the light of above submissions, present writ petition is disposed of in view of judgment of Hon’ble Supreme Court in the case of "Arnesh Kumar vs. State of Bihar” (2014) 8 SCC 273 and the Investigating Officer is directed to follow the procedure as prescribed under Section 41-A of the Cr.P.C. (now Section 35 of B.N.S.S., 2023). (Subhash Upadhyay, J.) Vacation Judge 28.01.2026 Rajni RAJINI GUSAI N Digitally signed by RAJINI GUSAIN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876db4 8448ac3701a9ae475a2547e4b7f1d9b 1f17d01342, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222 B4DF4FC80D4557562F95BEBA013F53 0616A158A0A878BD8, cn=RAJINI GUSAIN Date: 2026.01.28 15:29:04 +05'30' 2026:UHC:649