Uttarakhand High Court
WPCRL/1518/2026 of ADITYA BORA Vs STATE OF UTTARAKHAND on 3 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/1518/2026 Aditya Bora --Petitioner Versus State Of Uttarakhand --Respondent Hon’ble Alok Mahra, J. Mr. Vinayank Pant,
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UKHC010135702026
2026:UHC:6729 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPCRL/1518/2026
Aditya Bora --Petitioner Versus State Of Uttarakhand --Respondent
Hon’ble Alok Mahra, J.
Mr. Vinayank Pant, Advocate, holding brief of Mr. Nikhil Sabri, Advocate for the petitioner.
Mr. V.S. Pal, A.G.A. for the State of Uttarakhand.
2. This writ petition has been filed for quashing the F.I.R./Case Crime No.0072 of 2026, under Section 67B of I.T. Act, registered at Police Station Almora, District Almora. 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 the offence alleged against the petitioner is punishable with imprisonment for a term of less than seven years. It is, therefore, contended that, before effecting the arrest of the petitioner, the Investigating Officer is required to comply with the mandate of Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, by serving upon the petitioner a notice of appearance.
4. Learned State Counsel, on instructions, submits that although the Investigating Officer had telephonically UKHC010135702026
2026:UHC:6729 requested the petitioner to appear before him for the purpose of investigation, no formal notice under Section 35(3) of the B.N.S.S., 2023 has yet been served. He further submits that the Investigating Officer shall issue and serve the requisite notice upon the petitioner in accordance with law.
5. Learned counsel for the petitioner submits that, upon receipt of the notice under Section 35(3) of the B.N.S.S., 2023, the petitioner shall appear before the Investigating Officer on the date and time specified therein and shall extend full cooperation in the investigation. It is further submitted that the petitioner shall not evade the process of law or attempt to influence the witnesses or tamper with the evidence.
6. In view of the aforesaid submissions and without expressing any opinion on the merits of the case, it is directed that the Investigating Officer shall serve upon the petitioner a notice under Section 35(3) of the B.N.S.S., 2023, if so required in law. Till such notice is duly served to the petitioner, no coercive action shall be taken against the petitioner in connection with the aforesaid F.I.R.
7. The writ petition is, accordingly, disposed of.
(Alok Mahra, J.)
03.08.2026 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=eabb68a3895e41937c266c23964c0485365445 e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5 109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.08.03 16:22:56 +05'30'