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2026 DAILYLAW 4448 (UTT)

PARDEEP KUMAR v. STATE OF UTTARAKHAND

WPCRL/745/2026 · 2026-04-27

Rakesh Thapliyal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL/745/2026 Hon’ble Rakesh Thapliyal, J. 1. Mr. Rajat Mittal, learned counsel for the petitioners. 2. Ms. Rangoli Purohit, learned Brief Holder for the State. 3. By the instant petition, petitioners are praying for quashing of the FIR dated 03.11.2025 bearing FIR No. 161of 2025, registered at Police Station – Dalanwala, District – Dehradun wherein the petitioners have been implicated for the offences punishable under Section 420, 120-B IPC. 4. It is argued by the learned counsel for the petitioner that the offences, in which petitioners have been implicated are punishable with the maximum sentence of upto 7 years and as such, the Investigating Officer is under the legal obligation to follow the guidelines as formulated by Hon’ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 while conducting investigation. 5. Apart from this, he submits that other co- accused have also approached this Court by way of filing WPCRL No. 1438 and 1625 of 2025 and the Coordinate Bench of this Court by order dated 12.11.2025 and 15.12.2025 has disposed of both the writ petitions in the light of judgement passed by Hon’ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273. Copy of the order passed by the Coordinate Bench is enclosed at page no. 32 and 34 of the writ petition. 6. On the other side, learned State Counsel have not disputed that the offence are punishable with the maximum sentence of upto 7 years, therefore, the I.O. is under legal obligation to issue notice under Section 35 (3) BNSS, 2023 while conducting the investigation and to follow the guidelines as formulated by Hon’ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273. 7. In view of the submission as above, present writ petition is disposed of with the direction to the Investigating Officer to follow the guidelines as formulated by Hon’ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273 and issue notices to the petitioners under Section 35 (3) BNSS, 2023, as and when their presence is required, while conducting the investigation. (Rakesh Thapliyal, J.) 27.04.2026 SKS