Extracted from the PDF above. The PDF is authoritative.
2026:UHC:854 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPCRL/278/2026 Hon’ble Rakesh Thapliyal, J.
1. Mr. Navneet Singh, holding brief of Mr. Krishna Sharma, learned counsel for the petitioner.
2. Mr. Tumul Nainwal, learned AGA for the State.
3. By the instant writ petition, petitioner is praying for quashing of FIR dated 14.08.2024 bearing FIR No. 299 of 2024 wherein as many as five persons were implicated for the offences punishable under Section 323, 406, 420, 504, 506 IPC read with Section 4 / 22 Banning of Unregulated Deposits Schemes Act, 2019.
4. It is agued by learned counsel for the petitioner that in all the offences in which FIR has been lodged, the maximum punishment is 5 years, therefore, the Investigating Officer while conducting the investigation should follow the guidelines formulated by the Hon’ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273.
5. Learned State Counsel also submits that in all the offences are punishable for less than 7 years, therefore, the investigating officer is bound to follow the guidelines formulated by the Hon’ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273.
6. In such view of the matter, the instant writ petition is finally disposed of finally with the direction to the Investigating Officer to proceed with the investigation, however, while conducting the investigation he has to follow the guidelines formulated by the Hon’ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273.
7. Subject to the observation and direction as above, the instant writ petition is finally disposed of.
(Rakesh Thapliyal, J.) 12.02.2026 SKS