SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or d ir 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. 848 of 2026 Hon'ble Rakesh Thapliyal, J. 1. Mr. Shariq Khurshid, learned counsel for the petitioners. 2. Ms. Meenakshi Sharma, learned A.G.A. for the State. 3. By the instant writ petition, the petitioners are praying for the following reliefs:- (i) Issue a writ order or direction in the nature of certiorari quashing the impugned first information report dated 25.04.2026 being FIR No. 0149 of 2026 for the offences punishable under Section 303(2) of Bhartiya Nyaya Sanhita, 2023 at Police Station Kashipur District Udham Singh Nagar (contained as annexure no. 1 to this writ petition) page no. 16 to 20. (ii) Issue a writ order or direction in the nature of mandamus commanding and directing the respondent no. 1 and 2 not to arrest the petitioners in connection with impugned first information report dated 25.04.2026 being FIR no. 0149 of 2026 for the offence punishable under Section 303(2) of Bhartiya Nyaya Sanhita, 2023 at Police Station Kashipur District Udham Singh Nagar (contained as annexure no. 1 to this writ petition) page no. 16 to 20. 4. It is argued by the learned counsel for the petitioners that the offence in which the petitioners have been implicated is punishable for less than seven years, however, there is still an apprehension of arrest since the petitioners have not received any notice under Section 35(3) of BNSS 2023. He submits that the concerned I.O. while conducting the investigation has 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. Meenakshi Shamra, learned A.G.A. for the State have not disputed that the offences, as alleged, is punishable for less than seven years, therefore, the I.O. is under legal obligation 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, and with the consent of the learned counsel for the parties, 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 as and when it requires. 7. Pending application, if any, also stand disposed of. (Rakesh Thapliyal, J.) 11.05.2026 Parul