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2026 DAILYLAW 6452 (UTT)

KALEKTAR SINGH v. STATE OF UTTARAKHAND

WPCRL/951/2026 · 2026-06-03

Rakesh Thapliyal

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

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. 951 of 2026 Hon'ble Rakesh Thapliyal, J. 1. Mr. Niranjan Bhatt, learned counsel for the petitioners. 2. Ms. Meenakshi Sharma, learned A.G.A. for the State. 3. Mr. Vishwa Prakash Bahuguna, learned counsel for the caveator. 4. By the instant petition the petitioners are praying for quashing of the FIR dated 12.05.2026, bearing FIR No. 0169 of 2026, P.S. Kotwali Dehradun District Dehradun wherein the present petitioners along with others have been implicated for the offences punishable under Sections 109, 191(2), 191(3) and 309(4) of BNS 2023. 5. Ms Meenakshi Sharma, learned A.G.A. for the State apprise to this Court that during investigation Section 109 and 309(4) of BNS 2023 have been deleted and Sections 115(2) and 117 have been added after medical examination and the investigation is going on. She submits that these offences are punishable upto seven years and 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 vs. State of Bihar, (2014) 8 SCC 273. 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.) 03.06.2026 Parul