Extracted from the PDF above. The PDF is authoritative.
SL . N o. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
2026:UHC:4690
WPCRL No.1013 of 2026 Hon’ble Alok Mahra, J.
Mr. S.C. Bhatt, Advocate for the petitioner.
2. Mr. Vijay Singh Pal, learned A.G.A. assisted by Mr. Nikhil Bisht and Mr. Manoj Bhatt, learned Brief Holders for the State of Uttarakhand.
3. By means of the present writ petition, the petitioner seeks quashing of FIR No. 0082 of 2026, registered at Police Station Raiwala, District Dehradun, for the offences punishable under Sections 117(2), 191(2), 304, 333, 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023.
4. The FIR, in a nutshell, alleges that the present petitioner- Chandna Saini, along with 20–25 other persons, forcibly entered the complainant's shop, assaulted her husband with fists, kicks and iron rods causing injuries, abused and assaulted the family members who intervened, and extended threats to kill them.
5.
Learned counsel for the petitioner submitted that the present FIR is a counterblast to an FIR lodged earlier by the petitioner against the complainant and her family members, which was prior in point of time. It is submitted that the petitioner is the registered owner of the shop, having purchased the same through a registered sale deed dated 27.11.2020. It is further submitted that the petitioner himself is the original informant/victim in the earlier FIR, wherein specific allegations of assault, criminal intimidation and
injuries caused to him were levelled against the opposite party. Therefore, according to the petitioner, the present FIR, being a cross-version arising out of the same property dispute and occurrence, deserves cautious consideration.
6. During the course of arguments, learned counsel for the petitioner requests that the writ petition may be disposed of with a direction to the concerned Station House Officer to follow the
judgment of the Hon'ble Supreme Court in “Arnesh Kumar vs. State of Bihar and Another”, reported in (2014) 8 SCC 273, before proceeding to arrest the petitioner, as the offences alleged are punishable with imprisonment of less than seven years.
7. Learned State Counsel has no objection if the matter is decided in the light of the judgment rendered in Arnesh Kumar vs. State of Bihar and Another (supra).
8. In view of the aforesaid, the Criminal Writ Petition is disposed of with a direction to the Station House Officer, Police Station Raiwala, District Dehradun, and the Investigating Officer to strictly adhere to and comply with the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kumar vs. State of Bihar and Another, reported in (2014) 8 SCC 273, before taking any coercive action against the petitioner. No opinion is expressed on the merits of the case.
(Alok Mahra, J.)
11.06.2026 Shiksha