Uttarakhand High Court
WPCRL/260/2026 of BASANT Vs STATE OF UTTARAKHAND on 5 February 2026
Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 05.02.2026 WPCRL No.260 of 2026 Hon’ble Siddhartha Sah, J. Mr. Shivam Gulati, learned counsel for the petitioner through V.C. 2. Mr. G.S. Sandhu,
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SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
05.02.2026
WPCRL No.260 of 2026 Hon’ble Siddhartha Sah, J.
Mr. Shivam Gulati, learned counsel for the petitioner through V.C.
2. Mr. G.S. Sandhu, learned Addl. A. G. assisted by Mr. Deepak Bhardwaj, learned Brief Holder for the State/respondent nos.1 & 2.
3. By means of the present writ petition, the petitioner has sought quashing of FIR No. 64 of 2026 dated 28.01.2026, registered under Sections 137 (2) and 351(2) of the Bharatiya Nyaya Sanhita, at Police Station Manglore, District Haridwar.
4. At the outset, learned counsel for the petitioner points out that the offences alleged in the FIR are punishable with imprisonment of less than seven years and, therefore, the case is covered by the judgment of the Hon’ble Apex Court in Arnesh Kumar vs. State of Bihar, (2014) 8 SCC 273.
5. Learned counsel for the State does not dispute the said legal position.
6. In such view of the matter, and having regard to the law laid down by the Hon’ble Supreme Court in the aforesaid judgment, the present writ petition is disposed of in terms of the judgment of the Hon’ble Supreme Court in Arnesh Kumar (supra), and the Investigating Officer is directed to strictly follow the procedure prescribed under Section 41-A of the Code of Criminal Procedure (now Section 35 of the Bharatiya Nagarik Suraksha Sanhita, 2023).
7. Pending applications also stand disposed of.
(Siddhartha Sah, J.) Vacation Judge 05.02.2026 BS