Extracted from the PDF above. The PDF is authoritative.
2026:UHC:4423 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. 907 of 2026 Hon’ble Rakesh Thapliyal, J.
1. Mr. J.C. Karnatak, learned counsel for the petitioner.
2. Mr. Tumul Nainwal, 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 dated 02.05.2026 (FIR No. 0088 of 2026) under section 318(4) and 61(2) of the Bhartiya Nyaya Sanhita, 2023 at P.S. Basant Vihar, District Dehradun (Contained as Annexure No. 1 to this writ petition) Page nos. 19 to 25. ii. Issue a writ, order or direction in the nature of mandamus commanding/directing the respondent nos. 1 and 2 not to arrest the petitioner in connection with impugned First Information Report dated 02.05.2026 (FIR No. 0088 of 2026) under section 318(4) and 61(2) of the Bhartiya Nyaya Sanhita, 2023 at P.S. Basant Vihar, District Dehradun, during the pendency of present writ petition.
4.
Learned counsel for the petitioner submits that the offences as alleged in the FIR against the petitioners are punishable for less than 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 less than 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
2026:UHC:4423 273 and issue appropriate notices while conducting the investigation.
(Rakesh Thapliyal, J.) 02.06.2026 PR