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2026 DAILYLAW 5323 (UTT)

RANGOPAL SINGH v. STATE OF UTTARAKHAND

WPCRL/807/2026 · 2026-05-07

Rakesh Thapliyal

body2026

Judgment text

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2026:UHC:3485 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. 807 of 2026 Hon’ble Rakesh Thapliyal, J. 1. Mr. Amanjot Singh Chadha, learned counsel for the petitioner. 2. Mr. Bhaskar Chandra Joshi with Mr. Vijay Khanduri, learned Brief Holder for the State. 3. By the instant petition the petitioners are praying for the following reliefs: i. Issue a writ order or direction in the nature of certiorari quashing the impugned first information report no. 115 of 2026 dated 30.04.2026 registered at P.S. Kunda, District Udham Singh Nagar under sections 115(2), 126(2), 191(2), 351(3) and 352 of BNS (contained as Annexure no. 1 to this writ petition at page no. 19-28). ii. Issue a writ order or direction in the nature of mandamus commanding and directing the respondent no. 2 not to arrest the petitioners in connection with impugned first information report no. 115 of 2026 dated 30.04.2026 registered at P.S. Kunda, District Udham Singh Nagar under sections 115(2), 126(2), 191(2), 351(3) and 352 of BNS (contained as Annexure no. 1 to this writ petition at page no. 19-28). 4. Learned counsel for the petitioners submits that the offences as alleged in the FIR against the petitioners are punishable upto seven years, therefore, I.O. should follow the guidelines formulated by the Hon’ble Apex Court in the case of Arnesh Kumar vs. State of Bihar (2014) 8 SCC 273. 5. Learned State counsel have no objection on this and also submits that the offences as alleged are punishable upto seven years, therefore, the I.O. concerned is under legal obligation to follow the guidelines formulated in the case of Arnesh Kumar (supra). 6. In such view of the matter, the instant writ petition is disposed of finally with the direction to the I.O. concerned to follow the guidelines formulated by the Hon’ble Apex Court in the case of Arnesh Kumar vs. State of Bihar (2014) 8 2026:UHC:3485 SCC 273 and issue appropriate notices while conducting the investigation. (Rakesh Thapliyal, J.) 07.05.2026 PR