Extracted from the PDF above. The PDF is authoritative.
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPCRL/562/2026 Hon’ble Rakesh Thapliyal, J.
1. Mr. Mohit Kashyap, learned counsel for the petitioner.
2. Mr. B.C. Joshi, learned AGA for the State.
3. By the instant petition, petitioners are praying for quashing of the FIR dated 26.03.2026 bearing FIR No. 0113 of 2026, registered at Police Station – Jaspur, District – Udham Singh Nagar, wherein the petitioners have been implicated for the offences punishable under Section 299, 351 (2) BNS, 2023.
4. It is argued by the learned counsel for the petitioner that all the offences, as alleged in the impugned FIR, are punishable for less than 7 years and as such, the Investigating Officer has to follow the guidelines as formulated by Hon’ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 while conducting investigation.
5. Mr. B.C. Joshi, learned AGA for the State also admits that since all the offences are punishable for less than 7 years, and as such, the Investigating Officer has to follow the guidelines as formulated by Hon’ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 and the I.O. is under legal obligation to issue under Section 35 (3) BNSS, 2023 while conducting the investigation.
6. In view of the submission as above, present writ petition is disposed of with the direction to the Investigating Officer to follow the guidelines as formulated by Hon’ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 while conducting the investigation I.O. shall issue notices to the petitioners under Section 35 (3) BNSS, 2023 while conducting the investigation.
(Rakesh Thapliyal, J.) 09.04.2026 SKS