2026:UHC:3657 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. 843 of 2026 Hon'ble Rakesh Thapliyal, J. 1. 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 is praying for the following reliefs:- (i) Issue a writ order or direction in the nature of certiorari quashing the impugned FIR dated 05.05.2026 registered as FIR/Case Crime No. 42 of 2026 U/s 318 (4) of the Bhartiya Nyaya Sanhita, 2023 at police station Kaladhungi, District Nainital (Annexure No.1, page No. 9-15) 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 to not to arrest the Petitioner in pursuance of the impugned FIR dated 05.05.2026 registered as FIR/Case Crime No. 42 of 2026 U/s 318 (4) of the Bhartiya Nyaya Sanhita, 2023 at police station Kaladhungi, District Nainital lodged by the respondent no.3. (iii) Issue a writ 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 dated 05.05.2026 registered as FIR/Case Crime No. 42 of 2026 U/s 318 (4) of the Bhartiya Nyaya Sanhita, 2023 at police station Kaladhungi, District Nainital. 4. It is argued by the learned counsel for 2026:UHC:3657 the petitioner that all the offences in which the petitioner has been implicated are punishable upto seven years, therefore, the concerned I.O. is under legal obligation 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 273 while conducting the investigation. 5. Ms. Sweta Badola Dobhal, learned Brief Holder for the State have not disputed that all the offences are punishable upto 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 and issue notice under Section 35(3) of BNSS 2023 as and when it requires while conducting the investigation. 7. Pending application, if any, also stand disposed of. (Rakesh Thapliyal, J.) 13.05.2026 Nahid 2026:UHC:3657