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2026 DAILYLAW 3737 (UTT)

AASHU RATHOUR v. STATE OF UTTARAKHAND

WPCRL/717/2026 · 2026-04-23

Rakesh Thapliyal

body2026

Judgment text

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2026:UHC:3042 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL/717/2026 Hon'ble Rakesh Thapliyal, J. 1. Mr. Rajat Mittal, learned counsel for the petitioners. 2. Mr. B.C. Joshi, learned A.G.A. for the State. 3. By the instant writ petition, the petitioners are praying for the following reliefs:- (i) Issue a writ order or direction in the nature of certiorari to call for the record and to quash the impugned First Information Report i.e. FIR No. 0082 of 2026 dated 16.04.2026 u/s 115(2), 351(3), 352 of BNS 2023 Police Station Sahaspur District Dehradun (contained as annexure no. 1 to this writ petition at page nos. 13 to 19). 4. It is argued by the learned counsel for the petitioners that all the offences in which the petitioners have been implicated are punishable for less than seven years, however, there is still an apprehension of arrest since the petitioners have 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 2026:UHC:3042 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.) 23.04.2026 Parul