2026:UHC:3759 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. 882 of 2026 Hon ’ble Rak esh Th apliyal, J. 1. Mr. Bilal Ahmed, learned counsel for the petitioner. 2. Mr. Himanshu Sain, learned A.G.A. 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 no the impugned fir dated 3-5-26 registered as case crime 151/2026 under section,318(4),351(2)351(3)352, Β.N.S P.S kankhal Dist Haridwar (Annexure no-1, 14 to 20). II. Issue a writ order or direction in the nature of mandamus commanding the respondents not to arrest the petitioner incase crime no 151/2026 under section 318(4), 351(2), 351(3) and 352 B.N.S P.S Kankhal Dist Haridwar till the pendency of present petition. III. Issue any other order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. IV. Award cost of the petition.” 4. It is argued by the learned counsel for the petitioner that the offence in which the petitioner has been implicated is punishable upto seven years, however, there is still an apprehension of arrest since the petitioner has 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 2026:UHC:3759 273 while conducting the investigation. 5. Mr. Himanshu Sain, learned A.G.A. for the State have not disputed that the offences, as alleged, is punishable upto 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. ( Rak esh Th apliy al, J.) 15.05.2026 Shiv/