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2026 DAILYLAW 5104 (UTT)

BEEKU v. STATE OF UTTARAKHAND

WPCRL/397/2026 · 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 W PCRL/ 3 9 7 / 2 0 2 6 Hon 'ble Rak esh Th apliyal, J. 1. Mr. Mohd. Safdar, learned counsel for the petitioners. 2. Ms. Sweta Badola Dobhal, learned Brief Holder for the State. 3. By the instant writ petition, the petitioners Beeku and Murad are praying for the following reliefs: - (i) Issue a writ order or direction in the nature of certiorari quashing the impugned FIR dated 21.02.2026, registered as Case Crime No. 21 of 2026 under Section 115, 351(2), 352, 74 BNS 2023 P.S. Shyampur District Haridwar. (ii) Issue a writ order or direction in the nature of mandamus commanding the respondents not to arrest the petitioners in Case Crime NO. 21 of 2026 under Section 115, 351(2), 352, 74 BNS 2023 P.S. Shyampur District Haridwar till the pendency of present petition. 4. It is argued by the learned counsel for the petitioners that all the allegations, as alleged, are false and frivolous and the petitioners are 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 (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