Extracted from the PDF above. The PDF is authoritative.
Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPCRL/772/ 2026 Hon’ble Rakesh Thapliyal, J.
1. Ms. Manju, learned counsel holding brief of Ms. Prabha Naithani, learned counsel for the petitioners.
2. Ms. Rangoli Purohit, learned Brief Holder for the State.
3. By the instant petition, petitioner is praying for quashing of the FIR dated 26.04.2026 bearing FIR No. 0338 of 2026, registered at Police Station – Jwalapur, District – Haridwar wherein the petitioners have been implicated for the offences punishable under Section 115 (2), 316 (2), 351 (2) and 352 of BNS, 2023.
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. On the other side, learned State Counsel have not disputed that the offences 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.
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.) 30.04.2026 SKS