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 No. 621 of 2026 Hon'ble Rakesh Thapliyal, J.
1. Mr. Avidit Noliyal, 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) Issue a writ order or direction in the nature of certiorari quashing the impugned FIR No. 0039 of 2026 (Dated 02.04.2026) offences punishable under Sections 126(2), 132, 190, 191(2), 191(3), 221, 352 of BNS 2023 and Section 2/3 Prevention of Damage to Public Property Act, 1984, P.S. Kotwali Shyampur, District Haridwar (Annexed as annexure no. 1 page no. 13 to 21 to this writ petition). (ii) Issue a writ order or direction in the nature of mandamus commanding the respodnentn o. 1 and 2not to harass and arrest the petitioner in view of the impugned FIR No. 0039/2026 (Dated 02.04.2026) offences punishable under Sections 126(2), 132, 190, 191(2), 191(3), 221, 352 of BNS 2023 and Section 2/3 Prevention of Damage to Public Property Act, 1984, P.S. Kotwali Shyampur, District Haridwar (Annexed as annexure no. 1 page no. 13 to 21 to this writ petition). 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, however, there is still an apprehension of arrest since the petitioner has not received any notice under Section 35(3) of BNSS 2023. He 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 273 while conducting the investigation. 5. Mr. B.C. Joshi, learned A.G.A. for the State have not disputed that the offences, as alleged, are 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) 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.) 18.04.2026 Parul