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2026:UHC:3948 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. 914 of 2026 Hon’ble Rakesh Thapliyal, J.
1. Mr. Bhuvnesh Joshi, 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 dated 08.05.2026 (contained as Annexure No. 1 page no. 15 to 25 to this writ petition) registered as Case Crime No. 176 of 2026 under section ¾ of Dowry Prohibition Act, 115(2), 352, 85 BNS 2023 P.S. Jaspur, District Udham Singh Nagar. ii. Issue a writ, order or direction in the nature of mandamus commanding the respondents not to arrest the petitioners in Case Crime No. 176 of 2026 under section ¾ of Dowry Prohibition Act, 115(2), 352, 85 BNS 2023 P.S. Jaspur, District Udham Singh Nagar.
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 conducting the investigation.
(Rakesh Thapliyal, J.) 20.05.2026 PR
2026:UHC:3948