2026:UHC:1954 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/ 4 9 6 / 2 0 2 6 Hon 'ble Rak esh Th apliyal, J. 1. Mr. Gaurav Singh, 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 First Information Report lodged by respondent no. 3 on 17.02.2026 registered as FIR No. 034 of 2026 for the offence punishable under Section 329(3), 340(2), 351(2), 356(2) of BNSS 2023 Police Station Rajpur District Dehradun against the petitioners (contained as Annexure No. 1 to the writ petition). (ii) Issue a writ order or direction in the nature of mandamus directing the respondent no. 1 & 2 not to arrest the petitioners and not to take any coercive measure against the petitioners in pursuant to the First Information Report lodged by the respondent no. 3 on 17.02.2026 registered as FIR NO. 034 of 2026 for the offence punishable under Section 329(3), 340(2), 351(2), 356(2) of BNSS 2023 Police Station Rajpur District Dehradun against the petitioners (contained as Annexure No. 1 to the writ petition). 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, 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 Arnesh Kumar vs. State of Bihar, (2014) 8 SCC 272 while conducting the investigation. 2026:UHC:1954 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 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. 7. Pending application, if any, also stand disposed of. ( Rak esh Th apliy al, J.) 2 0 .0 3 .2 0 2 6 Parul 2026:UHC:1954