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2026 DAILYLAW 707 (UTT)

VINAY GOYAL AND OTHERS v. STATE OF UTTARAKHAND

WPCRL/62/2026 · 2026-01-07

Ashish Naithani

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2026:UHC:274 SL . N o. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL No.62 of 2026 Hon’ble Ashish Naithani, J. Mr. Ajeet Kumar Yadav, learned counsel for the Petitioners. 2. Mr. G. C. Joshi, learned A.G.A. for the State. 3. The present writ petition under Article 226 of the Constitution of India is filed by the Petitioners for quashing the impugned F.I.R. No.0352 of 2025 for the offence punishable under Sections 85, 115(2), & 352 of BNS, and Sections 3 and 4 of Dowry Prohibition Act, 1961, at Police Station Khatima, District Udham Singh Nagar dated 31.12.2025 and further to direct the Respondent authorities not to arrest or harass the Petitioners in pursuance to the abovementioned FIR and further also to direct the Respondents to ensure protection of the Petitioners’ life and property. 4. During the arguments, the learned counsel for the Petitioners submits that this writ petition may be disposed of with a direction to the Station House Officer, Police Station Khatima, District Udham Singh Nagar/respondent no.3 to follow the judgment of the Hon’ble Supreme Court, passed in ‘Arnesh Kumar vs. State of Bihar and Another’, (2014) 8 SCC 273, before proceed to arrest the Petitioners. 5. Learned State counsel has no objection on the submissions made by the learned counsel for the Petitioners. 6. Having considered the submissions, this Court 2026:UHC:274 reminds the Investigating Officer concerned to adhere strictly to the law laid down by the Hon’ble Supreme Court in Arnesh Kumar (supra). The Investigating Officer shall abide by the requirements of Section 41 and 41A CrPC before effecting any arrest. 7. In view of the submissions made by learned counsel for the parties, the present writ petition is disposed of with a direction to the respondent no.3 to follow the guidelines formulated by the Hon’ble Supreme Court in ‘Arnesh Kumar vs. State of Bihar and Another’, (2014) 8 SCC 273. 8. It is directed that in the event of the petitioners’ co- operation in the investigation, the Investigating Officer of the case shall not arrest the Petitioners without satisfying himself regarding the necessity of arrest as per the mandate of Section 41 CrPC read with the guidelines in Arnesh Kumar (supra). 9. The Petitioners shall extend full co-operation in the investigation and shall appear before the Investigating Officer as and when called upon. (Ashish Naithani, J.) 07.01.2026 Akash