Extracted from the PDF above. The PDF is authoritative.
2026:UHC:3034 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPCRL/722/2026 Hon’ble Rakesh Thapliyal, J.
1. Mr. Ramji Srivastava, learned counsel for the petitioner.
2. Ms. Rangoli Purohit, learned Brief Holder for the State.
3. By the instant petition, petitioner is praying for quashing of the FIR dated 13.04.2026 bearing FIR No. 0139 of 2026, registered at Police Station – Kotwali Dehradun, District – Dehradun wherein the petitioner along with one unknown person have been implicated for the offences punishable under Section 115 (2), 333, 351 (3), 352 BNS, 2023.
4. It is argued by the learned counsel for the petitioner that all the offences, in which petitioner has been implicated are punishable for less than 7 years and as such, the Investigating Officer is under the legal obligation 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. On the other side, Ms. Rangoli Purohit, learned Brief Holder for the State, have not disputed that all the offences are punishable for less than 7 years, therefore, the I.O. is under legal obligation to issue notice under Section 35 (3) BNSS, 2023 while conducting the investigation and 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.
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 and issue notices to the petitioner under Section 35 (3) BNSS, 2023, as and when his presence is required, while conducting the investigation.
(Rakesh Thapliyal, J.) 23.04.2026 SKS