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2026 DAILYLAW 3683 (UTT)

RAKESH KUMAR YADAV v. STATE OF UTTARAKHAND

WPCRL/728/2026 · 2026-04-24

Rakesh Thapliyal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:3119 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. 728 of 2026 Hon’ble Rakesh Thapliyal, J. 1. Mr. M.S. Pal, learned senior counsel assisted by Ms. Amreen Bano, learned counsel for the petitioner. 2. Mrs. Rangoli Purohit, learned Brief Holder for the State. 3. By the instant petition the petitioner is praying for quashing of First Information Report dated 29.06.2024 bearing FIR No. 0325 of 2024 P.S. Rudrapur, District Udham Singh Nagar, wherein, the petitioner has been implicated for the offences punishable under sections 323, 504 and 420 of IPC. 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.) 24.04.2026 PR 2026:UHC:3119