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2026:UHC:3487 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. 822 of 2026 Hon’ble Rakesh Thapliyal, J.
1. Mr. Saurabh Kumar Pandey, 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 petitioner is praying for the following reliefs: i. Issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 24.04.2026, being FIR No. 192/2026 under section 115(2), 137(2) and 352 of Bhartiya Nyaya Sanhita, 2023 lodged at P.S. Rudrapur, District Udham Singh Nagar (Annexure No. 1) oage Bi, 15 to page no. 21.
4. Learned counsel for the petitioner submits that the offences as alleged in the FIR against the petitioner are punishable upto the 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 the 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 SCC 273 and issue appropriate notices while conducting the investigation.
(Rakesh Thapliyal, J.) 07.05.2026 PR
2026:UHC:3487