2026:UHC:1866 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. 460 of 2026 Hon’ble Rakesh Thapliyal, J. 1. Mr. Avidit Noliyal, learned counsel for the petitioners. 2. Mrs. Sweta Badola Dobhal and Mrs. Meenakshi Sharma, learned Brief Holders for the State. 3. By the instant 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. 0077/2026, (Dated 23-02-026), offences punishable under Sections 115(2), 126(2), 191(1), 351(3), 352 of BNS, 2023, Sitarganj, District Udham Singh Nagar (Annexed as annexure no. 1 to this writ petition). ii. Issue a writ, order of direction in the nature of mandamus commanding the respondent no. 1 and 2 not to harass and arrest the petitioners in view of the impugned FIR No. 0077/2026 (Dated 23-02-026), offences punishable under Sections 115(2), 126(2), 191(1), 351(3), 352 of BNS, 2023, Sitarganj, District Udham Singh Nagar. 4. Both the petitioners are the real brothers raising certain allegations against the Investigating Agency since they were beaten in the police station. 5. It is also contended that the petitioners have no previous criminal history. 6. Be that as it may, the offences as alleged in the impugned FIR are punishable for less than seven years as contended by the learned counsel for the petitioners as well as the State counsel and in such an eventuality, if the offences are less than seven years the I.O. concerned should 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 and the notices have to be issued under section 35(3) of BNSS, 2023. 7. 7. Apart from this, the Investigating Officer 2026:UHC:1866 should focus on the investigation and the accused person should not be unnecessarily harassed and this court hope and trust that the Investigating Agency will conduct the investigation in the transparent and fair manner and simultaneously this court also hope and trust that the I.O. concerned strictly follow the guidelines formulated by the Hon’ble Apex Court in the case of Arnesh Kumar (Supra) and as and when if requires interrogation of the petitioners he has to follow the procedure particularly to follow Section 35(3) of BNSS, 2023. 8. In such view of the matter and without going to the merit of the case the instant writ petition is disposed of finally with the direction to the I.O. concerned to strictly follow the guidelines 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 and if requires issue notice under section 35(3) of BNSS, 2023 but the petitioners should not be harassed unnecessarily keeping in view of their age, which admittedly they are of tender age and any undue harassment will impact on their future prospects. (Rakesh Thapliyal, J.) 18.03.2026 PR 2026:UHC:1866