2026:UHC:2728 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. 642 of 2026 Hon'ble Rakesh Thapliyal, J. 1. Mr. Mukesh Kumar Kaparuwan, learned counsel for the petitioner. 2. Mr. B.C. Joshi, learned A.G.A for the State. 3. By the instant writ petition, the petitioner is praying for the following reliefs:- (i) A writ, order or direction in the nature of certiorari for quashing the impugned First Information Report No. 0016 of 2026 dated 06.04.2026 registered at Police Station Tallital, District Nainital under Sections 115(2), 191(2), 3(5) and 352 of Bhartiya Nyaya Sanhita, 2023. (ii) A writ order or direction in the nature of mandamus commanding the respondent no. 1 & 2 not to take any coercive measures against the petitioner in connection with the impugned First Information Report No. 0016 of 2026 dated 06.04.2026 registered at Police Station Tallital, District Nainital under Sections 115(2), 191(2), 3(5) and 352 of Bhartiya Nyaya Sanhita, 2023. 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 273 while conducting the investigation. 5. Mr. B.C. Joshi, learned A.G.A. 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 2026:UHC:2728 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 2023 as and when it requires while conducting the investigation. 7. Pending application, if any, also stand disposed of. (Rakesh Thapliyal, J.) 16.04.2026 Nahid 2026:UHC:2728