2026:UHC:1735 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PCRL No. 4 4 5 of 2 0 2 6 Hon 'ble Rak esh Th apliyal, J. 1. Mr. Avidit Noliyal, learned counsel for the petitioner. 2. Mr. Tumul Nainwal, 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 quashing the impugned FIR No. 0080/ 2026 (Dated 07.03.2026), offences punishable under Sections 118(1), 191 (2), 191(3), 324(2), 333, 352 of BNS, 2023 P.S. Transit Camp, District Udham Singh (Annexed as Annexure No.1 to the writ petition). (ii) Issue a writ order or direction in the nature of mandamus commanding the respondent no.1 and 2 not to harass and arrest the Petitioner in view of the impugned FIR No. 0080/ 2026 (Dated 07.03.2026), offences punishable under Sections 118(1), 191(2), 191(3), 324(2), 333, 352 of BNS, 2023 P.S. Transit Camp, District Udham Singh. 4. It is argued by the learned counsel for the petitioner that all the offences in which the petitioner has been implicated are punishable for less than seven years, therefore, the concerned I.O. is under legal obligation to follow the guidelines as formulated by the Hon’ble Apex Court in the case of Ar n esh Ku m ar vs. St at e of Bih ar , ( 2 01 4 ) 8 SCC 27 2 while conducting the investigation. 5. Mr. Tumul Nainwal, learned A.G.A. for the State have not disputed that all the offences are punishable for less than seven years, therefore, the I.O. has to follow the guidelines as formulated by 2026:UHC:1735 the Hon’ble Apex Court in the case of Arnesh Kumar (supra). 6. In view of the submissions, as advanced above, 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 while conducting the investigation. 7. Pending application, if any, also stand disposed of. ( Rak esh Th apliy al, J.) 1 3 .0 3 .2 0 2 6 Nahid 2026:UHC:1735