2026:UHC:1528 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. 364 of 2026 Hon’ble Rakesh Thapliyal, J. 1. Mr. Mehboob Rahi, learned counsel for the petitioner. 2. Mr. Bhaskar Chandra Joshi, learned A.G.A. with Mrs. Sweta Badola Dobhal, learned Brief Holder for the State. 3. By the instant petition the petitioner is praying for the following reliefs: i. A writ, order or direction in the nature of certiorari quashing the impugned First Information Report No. 0049 of 2026 dated 06.02.2026 under section 420 of IPC at police station Kunda, District Udham Singh Nagar. ii. A writ, order or direction in the nature of mandamus commanding the respondents not to arrest and not to harass the petitioner in connection with First Information Report No. 0049 of 2026 dated 06.02.2026 under section 420 of IPC at police station Kunda, District Udham Singh Nagar. 4. It is argued by the learned counsel for the petitioner that though the offence as alleged is punishable for less than seven years but the I.O. concerned have not issued any such notice under section 35(3) of BNSS, 2023, which infact has to be followed in view of the guidelines formulated by the Hon’ble Apex Court in the case of Arnesh Kumar vs. State of Bihar (2014) 8 SCC 272. 5. Mr. Joshi also submits that offence as alleged is punishable for less than seven years, therefore, the I.O. concerned has to follow the guidelines as formulated in the aforesaid case. 6. In such view of the matter, the instant revision is disposed of finally with the direction to the concerned I.O 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. (Rakesh Thapliyal, J.) 10.03.2026 PR 2026:UHC:1528