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2026 DAILYLAW 4858 (UTT)

SOURABH KUMAR v. STATE OF UTTARAKHAND

WPCRL/401/2026 · 2026-02-27

Rakesh Thapliyal

body2026

Judgment text

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2026:UHC:1422 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 W PCRL/ 4 0 1 / 2 0 2 6 Hon 'ble Rak esh Th apliyal, J. 1. Mr. Deepak Joshi, learned counsel for the petitioner. 2. Ms. Sweta Badola Dobhal, learned Brief Holder for the State. 3. By the instant writ petition, the petitioner Saurabh Kumar is praying for the following reliefs: - (i) Issue a writ of certiorari quashing of FIR dated 08.02.2026 bearing case crime FIR: 0022/ 2026 Section: 66E IT Act, PS: Pantnagar, District U.S. Nagar and all the consequential proceedings arising there from qua petitioner. 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 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 2026:UHC:1422 (supra) while conducting the investigation. 7. Pending application, if any, also stand disposed of. ( Rak esh Th apliy al, J.) 2 7 .0 2 .2 0 2 6 Parul