Extracted from the PDF above. The PDF is authoritative.
2026:UHC:1171 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPCRL/342/2026 Hon'ble Rakesh Thapliyal, J.
1. Ms. Reema Rana, learned counsel for the petitioners.
2. Mr. Tumul Nainwal, learned A.G.A. with Ms. Sweta Badola Dobhal, learned Brief Holder for the State.
3. By the instant petition, the petitioners herein are praying for quashing of the FIR dated 12.02.2026, bearing FIR No. 0027 of 2026, registered at P.S. Sahaspur, District Dehradun wherein the petitioners have been implicated for the offences punishable under Sections 115(2), 191(2) and 351(3) of BNS 2023.
4. It is argued by the learned counsel for the petitioners that there is a civil dispute in between the parties wherein status quo order has been passed, despite this FIR has been lodged. She further submits that there is a cross version since there is a cross FIR and both the FIR i.e. impugned FIR as well as cross FIR are being investigated by one investigating officer. She further argued that all the offences are punishable for less than seven years, therefore, investigating agency is under legal obligation to follow the guidelines as formulated by the Hon’ble Apex Court in the case Arnesh Kumar vs. State of Bihar, (2014) 8 SCC
272.
5. Ms. Sweta Badola Dobhal, learned Brief Holder for the State have not disputed that all the offences are punishable for less than seven years, therefore, the I.O. has to follow the guidelines as formulated by the Hon’ble Apex Court in the case of Arnesh Kumar (supra).
6. In view of the submissions, as advanced above, the instant writ petition
2026:UHC:1171 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) by issuing notices under the provisions of BNSS 2023 while conducting investigation in order to invite the petitioners to participate in the investigation.
7. Pending application, if any, also stand disposed of.
(Rakesh Thapliyal, J.)
23.02.2026 Parul