KAILASHI BHANDARI AND OTHERS v. STATE OF UTTARAKHAND
WPCRL/913/2026 · 2026-05-20
Rakesh Thapliyal
body2026
DailyLaw.ai
[ 2026 DAILYLAW 5523 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5523 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2026:UHC:3949 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. 913 of 2026 Hon’ble Rakesh Thapliyal, J.
1. Mr. Sagar Kothari, learned counsel for the petitioners.
2. Mr. Himanshu Sain and Mrs. Meenakshi Sharma, learned A.G.A. with Mrs. Rangoli Purohit, 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 FIR No. 0085 of 2026 dated 09.05.2026 U/s 318(4), 333, 351(2) and 352 of Bhartiya Nyaya Sanhita, 2023, lodged by respondent no. 3 at P.S. Rajpur, District Dehradun against the petitioners (Annexure No. 1 Page nos. 21 to 30 to this writ petition). ii. Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent nos. 1 and 2 not to arrest the petitioners in connection with impugned FIR No. . 0085 of 2026 dated 09.05.2026 U/s 318(4), 333, 351(2) and 352 of Bhartiya Nyaya Sanhita, 2023, lodged by respondent no. 3 at P.S. Rajpur, District Dehradun against the petitioners (Annexure No. 1 Page nos. 21 to 30 to this writ petition).
4. Learned counsel for the petitioners submits that the offences as alleged in the FIR against the petitioners are punishable for less than 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 for less than 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
2026:UHC:3949 conducting the investigation.
(Rakesh Thapliyal, J.) 20.05.2026 PR