Extracted from the PDF above. The PDF is authoritative.
2026:UHC:2123 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. 491 of 2026
Hon'ble Rakesh Thapliyal, J.
1. Mr. Vikas Singh Yadav,
learned counsel for the petitioner.
2. Ms. Sweta Badola, learned Brief Holder for the State.
3. By the instant writ petition, the petitioner is praying for the following reliefs:-
(i) Issue a writ order or direction in the nature of certiorari quashing the impugned First Information Report dated 17.11.2025 being FIR No. 0379 of 2025 for the offences punishable under Sections 115(2), 191 (2), 351(2) & 352 of Bhartiya Nyaya Sanhita, 2023 P.S. Kichha, District Udham Singh (contained as Annexure No.1 to the writ petition). (ii) Issue a writ order or direction in the nature of mandamus commanding and directing the respondent no. 2 not to arrest the Petitioner in connection with the impugned First Information Report dated 17.11.2025 being FIR No. 0379 of 2025 for the offences punishable under Sections 115(2), 191 (2), 351(2) & 352 of Bhartiya Nyaya Sanhita, 2023 P.S. Kichha, District Udham Singh (contained as Annexure No.1 to the writ petition).
4. It is argued by the learned counsel for the petitioner 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
2026:UHC:2123 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
2026:UHC:2123