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2026 DAILYLAW 4747 (UTT)

PANKAJ KUKMAR v. STATE OF UTTARAKHAND

WPCRL/406/2026 · 2026-02-27

Rakesh Thapliyal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS WPCRL No. 406 of 2026 Hon’ble Rakesh Thapliyal, J. 1. Mr. Mohit Kumar Kashyap, learned counsel for the petitioner. 2. Mr. G.S. Sandhu, learned Addl. Advocate General with Mr. Himanshu Sain, learned Brief Holder for the State. 3. 4. By the instant petition, petitioner is praying for quashing of the FIR dated 13.11.2025 bearing FIR No. 0486 of 2025, registered at Police Station – Jaspur, District – Udham Singh Nagar, wherein petitioner has been implicated for the offence punishable under Section 318 (4) BNS, 2023. 5. It is argued by the learned counsel for the petitioner that the allegations, as alleged in the FIR, are false and petitioner has been falsely implicated and even otherwise, the offence is punishable for less than 7 years and as such, the Investigating Officer has 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. 6. Mr. G.S. Sandhu, learned Addl. Advocate General for the State also admits that since the offence is punishable for less than 7 years, as such, the Investigating Officer has to follow the guidelines rendered by Hon’ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273. 7. In view of the above, present writ petition is disposed of with a 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 while conducting the investigation. (Rakesh Thapliyal, J.) 27.02.2026 SKS