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2026 DAILYLAW 3014 (UTT)

SAHRUKH AND OTHERS v. STATE OF UTTARAKHAND

WPCRL/506/2026 · 2026-03-25

Rakesh Thapliyal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

xSL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL No. 506 of 2026 Hon'ble Rakesh Thapliyal, J. 1. Mohd. Safdar, learned counsel for the petitioners. 2. Ms. Sweta Badola, learned Brief Holder 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 impugned First Information Report dated 21.02.2026 registered as Case Crime No. 30 of 2026 under Section 3(5), 318(2), 318(4), 61(2)(a) BNS 2023 P.S. Jhabrera District Haridwar. (ii) Issue a writ order or direction in the nature of mandamus commanding the respondents not to arrest the Petitioners in Case Crime No. 30 of 2026 under Section 3(5), 318(2), 318(4), 61(2)(a) BNS 2023 P.S. Jhabrera District Haridwar. 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 272while conducting the investigation. 5. Ms. Sweta Badola, learned Brief Holder 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). 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 while conducting the investigation. 7. Pending application, if any, also stand disposed of. (Rakesh Thapliyal, J.) 25.03.2026 Nahid