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2026 DAILYLAW 6305 (UTT)

ADITYA CHAUDHARY v. STATE OF UTTARAKHAND

WPCRL/1001/2026 · 2026-05-30

Rakesh Thapliyal

body2026

Judgment text

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2026:UHC:4306 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. 1001 of 2026 Hon’ble Rakesh Thapliyal, J. 1. Mr. Yash Bisht, learned counsel for the petitioner. 2. 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 quashing the impugned First Information Report lodged by the respondent no. 3, as FIR dated 25.02.2026 registered as FIR No. 0039 of 2026 for the alleged offence punishable under section 406 and 410 of IPC, Police Station Rajpur, District Dehradun, Uttarakhand, (Annexure No. 1 to this writ petition at Pg. No. 16 to 23). ii. Issue a writ, order or direction in the nature of mandamus, directing the respondent no. 1 and 2 not to arrest the petitioner and not to take any coercive measure against them in pursuance to the impugned First Information Report lodged by the respondent no. 3, as FIR dated 25.02.2026 registered as FIR No. 0039 of 2026 for the alleged offence punishable under section 406 and 410 of IPC, Police Station Rajpur, District Dehradun, Uttarakhand, (Annexure No. 1 to this writ petition at Pg. No. 16 to 23). 4. Learned counsel for the petitioner submits that the offences as alleged in the FIR against the petitioners are punishable 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 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 2026:UHC:4306 investigation. (Rakesh Thapliyal, J.) 30.05.2026 PR