Extracted from the PDF above. The PDF is authoritative.
2026:UHC:1423 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
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Hon 'ble Rak esh Th apliyal, J.
1. Ms. Aishwarya Thapliyal, learned counsel holding the brief of Mr. Abhishek Verma, learned counsel for the petitioner. 2. Ms. Sweta Badola Dobhal, learned Brief Holder for the State. 3. By the instant writ petition, the petitioner Lakhan Singh is praying for the following reliefs: - (i) Issue a writ order or direction in the nature of certiorari quashing the impugned FIR dated 25.02.2025 registered as FIR/ Case Crime No. 70 of 2025 U/ s 318(4) & 61 of the Bhartiya Nyaya Sanhita, 2023 at Police Station Vikas Nagar District Dehradun lodged by the respondent no. 3 as against the petitioner. (ii) Issue a writ order or direction in the nature of mandamus directing the respondent no. 2 not to arrest the petitioner in pursuance of the impugned FIR dated 25.02.2025 registered as FIR/ Case Crime No. 70 of 2025 U/ s 318(4) & 61 of the Bhartiya Nyaya Sanhita, 2023 at Police Station Vikas Nagar District Dehradun lodged by the respondent no. 3. (iii) Issue a writ or order or direction in the nature of mandamus directing the respondent no. 2 to follow the procedure U/ s 35(3) of the BNSS 2023 in pursuance of FIR 25.02.2025 registered as FIR/ Case Crime No. 70 of 2025 U/ s 318(4) & 61 of the Bhartiya Nyaya Sanhita, 2023 at Police Station Vikas Nagar District Dehradun. 4. It is argued by the learned counsel for the petitioner that all the allegations, as alleged, are false and frivolous and the petitioner is innocent, and furthermore, the offences as alleged are punishable for less than seven years, and, as such, the concerned I.O. while
2026:UHC:1423 conducting the investigation has 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
272. 5. Ms.
Sweta Badola Dobhal, learned Brief Holder 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. 7. Pending application, if any, also stand disposed of. ( Rak esh Th apliy al, J.)
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