UKHC010112202026 2026:UHC:5279 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL/1214/2026 Gurudev Singh and Another --Petitioners Versus State Of Uttarakhand --Respondent Hon'ble Alok Mahra, J. Mr. M. K. Ray, learned counsel for the petitioners. Mr. Pradeep Lohani, learned A.G.A. for the State of Uttarakhand. 2. By means of the present writ petition, the petitioners seek quashing of the impugned First Information Report dated 06.06.2026, being FIR No. 279 of 2026, registered under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023, at Police Station Rudrapur, District Udham Singh Nagar. 3. Heard learned counsel for the parties. 4. Learned counsel for the petitioners submitted that the maximum punishment prescribed for the alleged offence is imprisonment up to seven years. He further submitted that the allegations made in the F.I.R. essentially disclose a dispute of civil nature. It is also submitted that the complainant has already instituted a civil suit for injunction, wherein an interim order has been passed by the competent Court in favour of respondent no. 3. Learned counsel further submitted that the petitioners are ready and willing to cooperate with the investigation and shall appear before the Investigating Officer as and when required. 5. Learned counsel for the petitioners further submitted that the petitioners are also ready and willing to settle the dispute amicably. 6. During the course of arguments, learned counsel for the petitioners confined his prayer and submitted that the writ petition may be disposed of with a direction to the concerned Station House Officer/Investigating Officer to adhere to the law UKHC010112202026 2026:UHC:5279 laid down by the Hon'ble Supreme Court in Arnesh Kumar vs. State of Bihar and Another, reported in (2014) 8 SCC 273, before effecting the arrest of the petitioners, as the alleged offence is punishable with imprisonment which may extend up to seven years. 7. Learned State Counsel has no objection if the writ petition is disposed of in terms of the judgment of the Hon'ble Supreme Court in Arnesh Kumar vs. State of Bihar and Another (supra). 8. Without expressing any opinion on the merits of the case, the present writ petition is disposed of with a direction that the Investigating Officer shall proceed with the investigation strictly in accordance with law and shall comply with the guidelines and directions issued by the Hon'ble Supreme Court in Arnesh Kumar vs. State of Bihar and Another, (2014) 8 SCC 273, before effecting the arrest of the petitioners. 9. It is clarified that if the Investigating Officer forms an opinion that the arrest of the petitioners is necessary, the statutory requirements prescribed under the Bharatiya Nagarik Suraksha Sanhita, 2023, as well as the law laid down by the Hon'ble Supreme Court in Arnesh Kumar (supra), shall be complied with in letter and spirit. 10. Pending application(s), if any, shall stand disposed of accordingly. (Alok Mahra, J.) 02-07-2026 SB SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08 b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A 9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2026.07.02 16:50:47 +05'30' UKHC010112202026 2026:UHC:5279