Uttarakhand High Court
WPCRL/997/2026 of AHSAN ALI Vs STATE OF UTTARAKHAND on 2 June 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 No. 997 of 2026 Hon’ble Rakesh Thapliyal, J. 1. Mr. Kaushal Pandey and Mr. Mehboob Rahi, learned counsel for the petitioner.
2026:UHC:4422
SL.
No.
Date
Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures
COURT’S OR JUDGE’S ORDERS
WPCRL No. 997 of 2026
Hon’ble Rakesh Thapliyal, J.
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1. Mr. Kaushal Pandey and Mr. Mehboob Rahi, learned counsel for the petitioner.
2. Mrs. Meenakshi Sharma and Mr. Himanshu Sain, learned A.G.A. for the State.
3. By the instant petition the petitioner is praying for the following reliefs: i. A writ order or direction in the nature of certiorari quashing the impugned First Information Report No. 0122 of 2026 dated 06.05.2026 under section 420 of IPC at police station Kunda District Udham Singh Nagar. Annexure no. 1 page nos. 11 to 20. ii. A writ order or direction in the nature of mandamus commanding the respondents not to arrest and not to harass the petitioner in connection with First Information Report No. 0122 of 2026 dated 06.05.2026 under section 420 of IPC at police station Kunda, District Udham Singh Nagar. Annexure no. 1 page no. 11 to 20.
4. Learned counsel for the petitioner submits that the offences as alleged in the FIR against the petitioners are punishable for less than seven years, therefore, I.O. should follow the guidelines formulated by the Hon’ble Apex Court in the case of Arnesh Kumar vs. State of Bihar (2014) 8 SCC 273.
5. Learned State counsel have no objection on this and also submits that the offences as alleged are punishable for less than seven years, therefore, the I.O. concerned is under legal obligation to follow the guidelines formulated in the case of Arnesh Kumar (supra).
6. In such view of the matter, the instant writ petition is disposed of finally with the direction to the I.O. concerned to follow the guidelines formulated by the Hon’ble Apex Court in the case of Arnesh Kumar vs. State of Bihar (2014) 8 SCC 273 and issue appropriate notices while conducting the investigation.
(Rakesh Thapliyal, J.) 02.06.2026 PR
2026:UHC:4422