WPCRL/1576/2025
2025 Latest Caselaw 6033 UK

Uttarakhand High Court

WPCRL/1576/2025 on 2 December, 2025

                                                                                 2025:UHC:10731
               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                           COURT'S OR JUDGE'S ORDERS
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                                 WPCRL No. 1576 of 2025
                                 Hon'ble Ashish Naithani, J.

Mr. Kunal Verma, learned counsel for the Petitioner.

2. Mr. Rakesh Negi, learned Brief Holder for the State.

3. The present writ petition under Article 226 of the Constitution of India is filed by the Petitioner for quashing the F.I.R. No.40 of 2025 dated 07.06.2025 registered at Police Station Laxman Jhula, Pauri Garhwal for the offence punishable under Section 303(2) of BNS, 2023

4. During the arguments, the learned counsel for the Petitioner submits that this writ petition may be disposed of with a direction to the Station House Officer, Police Station Laxman Jhula, District Pauri Garhwal/respondent no.3 to follow the judgment of the Hon'ble Supreme Court, passed in 'Arnesh Kumar vs. State of Bihar and Another', (2014) 8 SCC 273, before proceed to arrest the Petitioner.

5. Learned State counsel has no objection on the submissions made by the learned counsel for the Petitioner.

6. Having considered the submissions, this Court reminds the Investigating Officer concerned to adhere strictly to the law laid down by the Hon'ble Supreme Court in Arnesh Kumar (supra). The Investigating Officer shall abide by the requirements of Section 41 2025:UHC:10731 and 41A CrPC before effecting any arrest.

7. In view of the submissions made by learned counsel for the parties, the present writ petition is disposed of with a direction to the respondent no.3 to follow the guidelines formulated by the Hon'ble Supreme Court in 'Arnesh Kumar vs. State of Bihar and Another', (2014) 8 SCC 273.

8. It is directed that in the event of the petitioner's co-operation in the investigation, the Investigating Officer of the case shall not arrest the Petitioner without satisfying himself regarding the necessity of arrest as per the mandate of Section 41 CrPC read with the guidelines in Arnesh Kumar (supra).

9. The Petitioner shall extend full co-operation in the investigation and shall appear before the Investigating Officer as and when called upon.

(Ashish Naithani, J.) 02.12.2025 Akash AKASH

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, 2.5.4.20=dae2472c001d56469ea76fc0caa68f48ef73518c14 8d140566ab1e26f9cbe61d, postalCode=263001, st=Uttarakhand, serialNumber=27096a1625377537a487dee49224c891823f c6a0334628b21e516047ed4f22f7, cn=AKASH Date: 2025.12.03 10:28:22 +05'30'