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2026 DAILYLAW 1643 (UTT)

SNEH LATA GUTPA v. STATE OF UTTARAKHAND

WPCRL/432/2026 · 2026-03-12

Rakesh Thapliyal

body2026

Judgment text

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2026:UHC:1660 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL/432/2026 Hon'ble Rakesh Thapliyal, J. 1. Mr. Gaurav Singh, learned counsel for the petitioner. 2. Mr. Tumul Nainwal, learned A.G.A. for the State. 3. By the instant writ petition, the petitioners are praying for the following reliefs:- (i) Issue a writ order or direction in the nature of certiorari quashing the First Information Report lodged by respondent no. 3 on 18.06.2024, registered as FIR No. 303/2024 for the alleged offences punishable under Section 406, 504, 506 IPC, Police Station Gangnahar District Haridwar (contained as Annexure No.1 to the writ petition). (ii) Issue a writ order or direction in the nature of mandamus directing the respondent no. 1 & 2 not to arrest the petitioners and not to take any coercive measure against the petitioners in pursuant to the First Information Report lodged by respondent no. 3 on 18.06.2024, registered as FIR No. 303/2024 for the alleged offences punishable under Section 406, 504, 506 IPC, Police Station Gangnahar District Haridwar (contained as Annexure No.1 to the writ petition). 4. It is argued by the learned counsel for the petitioners that all the offences in which the petitioners have been implicated are punishable for less than seven years, therefore, the concerned I.O. is under legal obligation to follow the guidelines as 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. 5. Mr. Tumul Nainwal, learned A.G.A. for the State have not disputed that all 2026:UHC:1660 the offences are punishable for less than seven years, therefore, the I.O. has to follow the guidelines as formulated by the Hon’ble Apex Court in the case of Arnesh Kumar (supra). 6. In view of the submissions, as advanced above, the instant writ petition is disposed of finally with the direction to the concerned I.O. to follow the guidelines as formulated by the Hon’ble Apex Court in the case of Arnesh Kumar (supra) while conducting the investigation and issue notice under Section 35(3) of BNSS as and when it requires. 7. Pending application, if any, also stand disposed of. (Rakesh Thapliyal, J.) 12.03.2026 Parul 2026:UHC:1660