Extracted from the PDF above. The PDF is authoritative.
2026:UHC:4153 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPCRL No. 939 of 2026 Hon’ble Rakesh Thapliyal, J.
1. Mr. Deepak Petshali, learned counsel for the petitioner.
2. Mrs. Meenakshi Sharma and Mr. Himanshu Sain, learned A.G.A. for the State.
3. By the instant petition the petitioner is praying for the following reliefs: i. Issue a writ, order or direction in the nature of certiorari calling for the records of the case and quashing the impugned First Information Reprot No. 0061 of 2024 dated 28.10.2024, registered at Police Station Kotwali Rudraprayag under sections 318(4) of the Bhartiya Nyay Sanhita (BNS), 2023, against the petitioner (Annexure No. 1 page 12). ii. Issue a writ, order or direction in the nature of mandamus, directing the respondents not to arrest or take any coercive steps against the petitioner in connection with the investigation arising out of the impugned FIR No. 0061 of 2024.
4.
Learned counsel for the petitioner submits that the offences as alleged in the FIR against the petitioners are punishable for upto 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 upto 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.) 26.05.2026 PR
2026:UHC:4153