Extracted from the PDF above. The PDF is authoritative.
2026:UHC:2465 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. 582 of 2026
Hon'ble Rakesh Thapliyal, J.
1. Mr. A.S. Rawat, learned Senior counsel assisted by Mr. Gaurav Paliwal,
learned counsel for the petitioners.
2. Mr. B.C. Joshi, learned A.G.A for the State.
3. By the instant writ petition, the petitioners are praying for the following reliefs:-
(i) A writ order or direction in the nature of certiorari for quashing the impugned FIR No. 0060 of 2026 for the alleged offences punishable under Sections 318(4), 351(3) & 352 of Bhartiya Nyaya Sanhita, 2023 at Police Station Khanpur District Haridwar (Annexure No.). (ii) A writ order or direction in the nature of mandamus commanding the respondent no. 1 & 2 not to harass and arrest the Petitioner in view of the impugned FIR.
4. It is argued by the learned counsel for the petitioners that all the offences in which the petitioner has 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 273 while conducting the investigation.
5. Mr. B.C. Joshi, learned A.G.A. for the State have not disputed that all 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).
2026:UHC:2465
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 2023 as and when it requires while conducting the investigation.
7. Pending application, if any, also stand disposed of.
(Rakesh Thapliyal, J.)
07.04.2026 Nahid
2026:UHC:2465