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2026:UHC:205 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
WPCRL No.20 of 2026
Hon ’ble Ash ish Nait h an i, J.
Dr. Kartikey Hari Gupta & Ms. Irum Zeba,
learned counsel for the Petitioners.
2. Mrs. Pushpa Bhatt, learned D.A.G. assisted by Mr. Bhaskar Chandra Joshi, learned A.G.A. and Mr. Vijay Khanduri, learned Brief Holder for the State.
3. The present writ petition under Article 226 of the Constitution of India is filed by the Petitioners for quashing the F.I.R. No.0114 of 2025 dated 22.06.2025 for the offence punishable under Section 120-B, 406 & 420 of IPC at Police Station Rajpur, District Dehradun and further to direct the Respondent nos.1 to 3 not to arrest the Petitioners in pursuance to the abovementioned FIR.
4. During the arguments, the learned counsel for the Petitioners submits that this writ petition may be disposed of with a direction to the Station House Officer, Police Station Rajpur, District Dehradun/respondent no.3 to follow the judgment of the Hon’ble Supreme Court, passed in ‘Arnesh Kumar vs. State of Bihar and Another’, (2014) 8 SCC 273, before proceed to arrest the Petitioners.
5. Learned State counsel has no objection on the submissions made by the learned counsel for
2026:UHC:205 the Petitioners.
6. Having considered the submissions, this Court reminds the Investigating Officer concerned to adhere strictly to the law laid down by the Hon’ble Supreme Court in Arnesh Kumar (supra). The Investigating Officer shall abide by the requirements of Section 41 and 41A CrPC before effecting any arrest.
7. In view of the submissions made by learned counsel for the parties, the present writ petition is
disposed of with a direction to the respondent no.3 to follow the guidelines formulated by the Hon’ble Supreme Court in ‘Arnesh Kumar vs. State of Bihar and Another’, (2014) 8 SCC 273.
8. It is directed that in the event of the petitioners’ co-operation in the investigation, the Investigating Officer of the case shall not arrest the Petitioners without satisfying himself regarding the necessity of arrest as per the mandate of Section 41 CrPC read with the guidelines in Arnesh Kumar (supra).
9. The Petitioners shall extend full co- operation in the investigation and shall appear before the Investigating Officer as and when called upon.
(Ashish Naithani, J.) 06.01.2026 Akash