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2026 DAILYLAW 5616 (UTT)

NIJAMOUDIN v. STATE OF UTTARAKHAND

WPCRL/903/2026 · 2026-05-19

Rakesh Thapliyal

body2026

Judgment text

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2026:UHC:3883 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. 903 of 2026 Hon'ble Rakesh Thapliyal, J. 1. Mr. Mohd. Imran, learned counsel for the petitioner. 2. Mr. Himanshu Sain, learned AGA 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 first information report dated 04.05.2026 being FIR No. 0121 of 2026 for the offences punishable under Section 420 of IPC police Station Kunda, District Udham Singh Nagar (contained as Annexure No.1, page No. 24 to 30 to this writ petition). (ii) Issue a writ order or direction in the nature of mandamus commanding and directing the respondent no.2 not to arrest the Petitioner in first information report dated 04.05.2026 being FIR No. 0121 of 2026 for the offences punishable under Section 420 of IPC Police Station Kunda, District Udham Singh Nagar (contained as Annexure No.1, page No. 24 to 30 to this writ petition). 4. It is argued by the learned counsel for 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 2026:UHC:3883 Kumar vs. State of Bihar, (2014) 8 SCC 273 while conducting the investigation. 5. Mr. Himanshu Sain, learned AGA 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.) 19.05.2026 Nahid 2026:UHC:3883