Uttarakhand High Court
WPCRL/972/2026 of SAHBAAZ ALIAS SHUJAT KHAN Vs STATE OF UTTARAKHAND on 29 May 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. 972 of 2026 Hon’ble Rakesh Thapliyal, J. 1. Mr. Raj Kumar Singh, learned counsel for the petitioner. 2. Mr. Himanshu
2026:UHC:4256
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. 972 of 2026
Hon’ble Rakesh Thapliyal, J.
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1. Mr. Raj Kumar Singh, learned counsel for the petitioner.
2. Mr. Himanshu Sain, learned A.G.A. with Mrs. Rangoli Purohit, learned Brief Holder for the State.
3. Learned counsel for the petitioner submits that the I.O. concerned have issued notice under section 35(3) of BNSS, 2023 to the petitioner to join the investigation but the period as stipulated in the notice is already expired. He submits that the petitioner is ready to join the investigation but since the period as stipulated in the notice has expired, therefore, there is an apprehension of arrest.
4. He further submits that the offence as alleged is punishable for maximum sentence upto 7 years, therefore, the I.O. is also under legal obligation 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.
5. Learned State counsel have not disputed on this and submits that the offence as alleged is permissible upto 7 years.
6. In such view of the matter, the instant writ petition is disposed of finally with the direction to the I.O. concerned to issue a fresh notice under section 35(3) to the petitioner so that he may join the investigation and the petitioner shall appear before the I.O.
(Rakesh Thapliyal, J.) 29.05.2026 PR
2026:UHC:4256