2026:UHC:605 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.158 of 2026 Hon’ble Alok Mahra, J. Mr. Mani Kumar, Advocate for the petitioner. Mr. Pradeep Lohani, Brief Holder for the State of Uttarakhand. 2. By means of present writ petition, petitioner seeks to quash the F.I.R., details whereof are given in the prayer clause. 3. Learned counsel for the petitioner submits that offence under Section 106 (1) of B.N.S., 2023 is triable by Magistrate. 4. The matter was listed yesterday, when learned State Counsel submitted that the petitioner was not cooperating with the investigation. Today, learned counsel for the petitioner submits that the petitioner has appeared before the Police Station, Rudrapur, and that a notice under Section 35 of the B.N.S.S. has been duly served upon him. It is further submitted that the writ petition may be disposed of with a direction to the concerned Station House Officer to strictly adhere to the law laid down by the Hon’ble Supreme Court in Arnesh Kumar v. State of Bihar & Another, reported in (2014) 8 SCC 273, before effecting any arrest of the petitioner. 5. Learned State Counsel has no objection on the above submission of the learned counsel for the petitioner. 6. In view of the above, the writ petition is disposed of with a direction to the Station House Officer, Police Station Rudrapur, District Udham Singh Nagar and the Investigating Officer to follow the guidelines formulated by the Hon’ble Supreme Court in ‘Arnesh Kumar vs. State of Bihar and Another’, reported in (2014) 8 SCC 273. (Alok Mahra, J.) Vacation Judge 21.01.2026 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dddb73 93398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987446 351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.01.21 18:53:54 +05'30'