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. 892 of 2026 Hon'ble Rakesh Thapliyal, J. 1. Mr. Lalit Sharma, learned counsel with Mr. Abhishek Joshi and Ms. Reema Rana, learned counsel for the petitioners. 2. Ms. Shweta Dobhal, learned Brief Holder for the State. 3. Mr. N.K. Adhikari, learned counsel for the respondent. 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 calling for the records and quash the impugned FIR No. 0058 of 2026 dated 11.05.2026 under Section 115(2), 137(2), 191(2), 351(3), 352 and 74 of BNS lodged at P.S. Mukhani District Nainital Uttarakhand against the petitioners. (ii) Issue a writ order or direction in the nature of mandamus directing the respondent no. 1 & 2 to not to arrest the petitioners in pursuance to the FIR No. 0058 of 2026 dated 11.05.2026 under Section 115(2), 137(2), 191(2), 351(3), 352 and 74 of BNS lodged at P.S. Mukhani District Nainital Uttarakhand against the petitioners 4. It is argued by the learned counsel for the petitioners that the offences in which the petitioners have been implicated is punishable up to 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. Sweta Dobhal, learned Brief Holder 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. (Rakesh Thapliyal, J.) 20.05.2026 Parul