2026:UHC:2624 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL/610/2026 Hon'ble Rakesh Thapliyal, J. 1. Ms. Prabha Naithani, learned counsel for the petitioners. 2. Mr. G.S. Sandhu, learned Addl. Advocate General with Mr. Himanshu Sain, learned A.G.A. 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 FIR dated 08.03.2026 registered as Case Crime No. 121 of 2026 under section 318(4) Bhartiya Nyaaya Sanhita 2023 Police Station Sitarganj District Udham Singh Nagar (contained as Annexure no. 1 page 19 to 2025) (ii) Issue a writ order or direction in the nature of mandamus commanding the respondents not to arrest the petitioners in Case Crime No. 121 of 2026 under section 318(4) Bhartiya Nyaaya Sanhita 2023 Police Station Sitarganj District Udham Singh Nagar till the pendency of the present writ petition. 4. It is argued by the learned counsel for the petitioners that the offence in which the petitioners have been implicated is punishable for less than seven years, but still there is an apprehension of arrest since they have not received any notice under Section 35(3) of BNSS 2023. She submits that the concerned I.O. while conducting the investigation has 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 272 while conducting the investigation. 5. Mr. Sandhu, learned Addl. Advocate General for the State have not disputed that the offence, as alleged, is punishable for less than seven years, therefore, the I.O. is under legal obligation 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, and with the consent of the learned counsel for the parties, 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) 2026:UHC:2624 while conducting the investigation and issue notice under Section 35(3) of BNSS as and when it requires. 7. Pending application, if any, also stand disposed of. (Rakesh Thapliyal, J.) 10.04.2026 Parul