2026:UHC:3315 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL No. 785 of 2026 Hon'ble Rakesh Thapliyal, J. 1. Mr. Abhishek Verma, learned counsel for the petitioners. 2. Mrs. Meenakshi Sharma, 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. 89 of 2026 U/s 121(1), 126(2), 132, 351(3) & 352 of the Bharatiya Nyaya Sanhita, 2023 at Police Station Kashipur District Udham Singh Nagar (Annexure No.1) lodged by the Respondent no.3 as against the petitioners. (ii) Issue a writ order or direction in the nature of mandamus directing the respondent no. 2 to not to arrest the Petitioner in Pursuance of the FIR No. 89 of 2026 U/s 121(1), 126(2), 132, 351(3) & 352 of the Bharatiya Nyaya Sanhita, 2023 at Police Station Kashipur District Udham Singh Nagar (Annexure No.1) . (iii) Issue a writ order or direction in the nature of mandamus directing the respondent no. 2 to follow the procedure U/s 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in pursuance of the FIR No. 89 of 2026 U/s 121(1), 126(2), 132, 351(3) & 352 of the Bharatiya Nyaya Sanhita, 2023 at Police Station Kashipur District Udham Singh Nagar (Annexure No.1). 4. It is argued by the learned counsel for the petitioners 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 Arnesh Kumar vs. State of Bihar, (2014) 8 SCC 273 while conducting the investigation. 2026:UHC:3315 5. Mr. B.C. Joshi, 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 2023 as and when it requires while conducting the investigation. 7. Pending application, if any, also stand disposed of. (Rakesh Thapliyal, J.) 02.05.2026 Nahid 2026:UHC:3315