2026:UHC:4147 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. 902 of 2026 Hon’ble Rakesh Thapliyal, J. 1. Mr. Mohit Kumar Kashyap, learned counsel for the petitioner. 2. Mrs. Sweta Badola Dobhal, learned Brief Holder 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 the impugned first information report dated 04-05-2026 being FIR No. 0120 of 2026, for the offences punishable under section 323, 420 and 506 of IPC, Police Station Kunda, District Udham Singh Nagar (contained as Annexure no. 1, page no. 23 to 29 to this writ petition). ii) Issue a writ order or direction in the nature mandamus commanding and directing the respondent no. 2 not to arrest the petitioner in connection with impugned first information report dated 04-05-2026 being FIR No. 0120 of 2026, for the offences punishable under section 323,420, 506of IPC, Police Station Kunda, District Udham Singh Nagar (contained as Annexure no. 1, page no. 23 to 29 to this writ petition). iii) Issue any other or further writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.” 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 2026:UHC:4147 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. Mrs. Sweta Badola 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.) 26.05.2026 Shiv/