2026:UHC:2898 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. 539 of 2026 Hon’ble Rakesh Thapliyal, J. 1. Ms. Soniya Chawla, learned counsel for the petitioner. 2. Mr. Tumul Nainwal, learned A.G.A. with Mrs. Sweta Badola Dobhal, learned Brief Holder for the State. 3. By the instant petition the petitioner- Gulshan Soni is challenging the First Information Report dated 17.06.2025 bearing FIR No. 0014 of 2025 P.S. Rudrapur, District Udham Singh Nagar, lodged against unknown person for the offences punishable under section 318(4) of BNS r/w section 66 D of I.T. Act. 4. It is argued by the learned counsel for the petitioner that all the offences as alleged are punishable for less than seven years, therefore, the I.O. concerned 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 and the notices have to be issued under section 35(3) of BNSS, 2023. 5. Learned A.G.A. have not disputed that the offences as alleged are punishable for less than seven years, therefore, the I.O. concerned is under legal obligation to issue notice under section 35(3) of BNSS, 2023. 6. In such view of the matter, the instant writ petition is disposed of finally with the direction to the I.O. concerned to follow the guidelines 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 and if requires issue notice under section 35(3) of BNSS, 2023. (Rakesh Thapliyal, J.) 21.04.2026 PR 2026:UHC:2898