2026:UHC:3125 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL/736/2026 Hon’ble Rakesh Thapliyal, J. 1. Mr. Ramji Srivastava, learned counsel for the petitioner. 2. Mr. G.S. Sandhu, learned Addl. Advocate General with Ms. Sweta Dobhal, learned Brief Holder for the State. 3. By the instant petition, petitioner is praying for quashing of the FIR dated 07.04.2026 bearing FIR No. 0120 of 2026, registered at Police Station – Haldwani, District – Nainital wherein the petitioner along with his wife have been implicated for the offences punishable under Section 420 IPC. 4. It is argued by the learned counsel for the petitioner that the offence, in which petitioner has been implicated is punishable for less than 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. On the other side, learned State Counsel have not disputed that the offence is punishable for less than 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. 6. 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 petitioner under Section 35 (3) BNSS, 2023, as and when his presence is required, while conducting the investigation. (Rakesh Thapliyal, J.) 24.04.2026 SKS