Uttarakhand High Court
WPCRL/1494/2026 of VIPIN KUMAR Vs STATE OF UTTARAKHAND on 12 August 2026
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL/1494/2026 Vipin Kumar --Petitioner Versus State Of Uttarakhand --Respondent Hon’ble Alok Mahra, J. Mr. Gaurav Singh, Advocate
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UKHC010133682026
2026:UHC:7143 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPCRL/1494/2026
Vipin Kumar --Petitioner Versus State Of Uttarakhand --Respondent
Hon’ble Alok Mahra, J.
Mr. Gaurav Singh, Advocate for the petitioner.
Mr. Pradeep Lohani, A.G.A. for the State of Uttarakhand.
2. This writ petition has been filed for quashing the F.I.R. No.149 of 2026, under Section 111, 276, 277, 278, 316, 318, 319 of B.N.S., 2023, registered at Police Station Basant Vihar, District Dehradun. Further prayer has been made not to arrest the petitioner, pursuant to the aforesaid F.I.R.
3. Learned counsel for the petitioner submits that, during the course of investigation, the Investigating Officer has dropped Sections 111, 316 and 319 of the B.N.S., 2023, against the petitioner as well as the other co-accused. It is submitted that, as of now, the investigation is confined to the offences punishable under Sections 276, 277, 278 and 318 of the B.N.S., 2023, which are punishable with imprisonment for a term of less than seven years. The aforesaid factual position has been fairly conceded by learned State Counsel on the basis of written instructions received by him. It is,
UKHC010133682026
2026:UHC:7143 therefore, contended by learned counsel for the petitioner that, in view of the nature of the offences presently under investigation, before taking the petitioner into custody, the Investigating Officer is required to adhere to the statutory mandate contained in Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and, if his presence is required, to serve upon him a notice of appearance in accordance with law.
4. Learned State Counsel, on instructions, submits that, in case the Investigating Officer requires the presence of the petitioner during investigation, the petitioner shall be called upon to appear by issuing a formal notice under Section 35(3) of the B.N.S.S., 2023, in accordance with law.
5. The writ petition is disposed of by taking the statement made by learned State Counsel on record.
(Alok Mahra, J.)
12.08.2026 Arpan
ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dddb7393398 f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987446351E4 DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.08.12 16:17:16 +05'30'