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2026 DAILYLAW 5427 (UTT)

RAJIV KUMAR AGGARWAL v. STATE OF UTTARAKHAND

WPCRL/813/2026 · 2026-05-07

Rakesh Thapliyal

body2026

Judgment text

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2026:UHC:3486 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. 813 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 petitioner is praying for the following reliefs: i. Issue a writ of certiorari or any other appropriate writ, order or direction quashing and setting aside the FIR No. 0152 of 2026 dated 26.04.2026 registered at Police Station Kotwali Kashipur, District Udham Singh Nagar, Uttarakhand under section 420 of the Indian Penal Code 1860 marked and annexed as Annexure No. 1 at page no. 10 to 20 and all proceedings emanating therefrom against the petitioner. ii. In the interim and pending final decision on this petition stay all coercive action including arrest, custodial interrogation or filing of chargesheet against the petitioner. 4. Learned counsel for the petitioner submits that the offences as alleged in the FIR against the petitioner 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 SCC 273 and issue appropriate notices while conducting the investigation. (Rakesh Thapliyal, J.) 07.05.2026 PR 2026:UHC:3486