2026:UHC:3385 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. 784 of 2026 Hon'ble Rakesh Thapliyal, J. 1. Mr. Ravindra S.Rawat, learned counsel for the petitioner. 2. Ms. Meenakshi Sharma, learned A.G.A for the State. 3. The petitioner Jitendra Chawla is praying for quashing of the First Information Report dated 22.04.2026 bearing FIR No. 0121 of 2026 Police Station I.T.I. District Udham Singh Nagar, wherein the petitioner along with Jitendra Chawla have been implicated for the offences punishable under Sections 103(1), 115(2), 318 (4) , 351(3) and 352 read with section 61 of Bharatiya Nyaya Sanhita, 2023. 4. It is argued by learned counsel for the petitioner that the deceased died due to cardiac arrest and despite this FIR has been lodged under the penal provision of Section 103(1) of BNS, 2023. On such submission the S.H.O. was directed to be remain present in Court why the FIR has been registered for the offence punishable under section 103(1) of BNS, 2023. 5. Mrs. Meenakshi Sharma, the learned AGA on instructions from the S.H.O. apprise to this Court that after getting the post mortem report of the deceased Section 103 (1), 318(4) and 61 have already been deleted and the investigation is going against the remaining penal provision. She further submits that now all the penal provisions in which the investigation is going on, 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. 6. It is argued by the learned counsel for the 2026:UHC:3385 petitioner that now the offences, in which petitioners have been implicated is 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. He further submits that co-accused Varun Kumar Sharma has also filed WPCRL No. 764 of 2026 before this Court, which was disposed of by this Court vide order dated 02.05.2026 in the light of judgment rendered by Hon’ble Supreme Court in the case of Arnesh Kumar, therefore, present petition may also be disposed of in terms of judgment of Arnesh Kumar (supra). 7. On the other side, learned State Counsel have not disputed that all 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. 8. 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 are required, while conducting the investigation. (Rakesh Thapliyal, J.) 05.05.2026 SKS/Nahid