Uttarakhand High Court
WPCRL/1448/2026 of SALEKH AND OTHERS Vs STATE OF UTTARAKHAND on 27 July 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/1448/2026 Salekh And Others --Petitioner Versus State Of Uttarakhand --Respondent Hon’ble Alok Mahra, J. Mr. Shubhr Rastogi,
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UKHC010130072026
2026:UHC:6380 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
WPCRL/1448/2026
Salekh And Others --Petitioner Versus State Of Uttarakhand --Respondent
Hon’ble Alok Mahra, J.
Mr. Shubhr Rastogi, Advocate for the petitioners.
Mr. Pradeep Lohani, A.G.A. for the State of Uttarakhand.
2. By means of the present writ petition, the petitioners have invoked the writ jurisdiction of this Court seeking quashing of the First Information Report, the particulars whereof are set out in the prayer clause of the petition.
3. Learned counsel for the petitioners submits that all the offences alleged in the impugned F.I.R. are punishable with imprisonment for a term not exceeding seven years. It is further submitted that, in view of the law laid down by the Hon’ble Supreme Court in Arnesh Kumar vs. State of Bihar and Another, reported in (2014) 8 SCC 273, the Investigating Agency is under an obligation to adhere to the statutory safeguards before effecting the arrest of the petitioners. During the course of arguments, learned counsel submits that the writ petition may be disposed of with a direction to the concerned Station House Officer/Investigating Officer to strictly comply with the aforesaid UKHC010130072026
2026:UHC:6380 judgment before taking any coercive action against the petitioners.
4. Learned State Counsel, on instructions, submits that notices under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 have already been issued to the petitioners and that the investigation is being conducted in accordance with law.
5. Having regard to the submissions advanced by learned counsel for the parties and without expressing any opinion on the merits of the allegations contained in the impugned F.I.R., the present writ petition is disposed of with a direction that the Station House Officer, Police Station Khanpur, District Haridwar, as well as the Investigating Officer to adhere to the guidelines laid down 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, if such occasion arises.
(Alok Mahra, J.)
27.07.2026 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=eabb68a3895e41937c266c23964c0485365445e3a20dddb73 93398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB9874463 51E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.07.27 17:36:31 +05'30'