WPCRL/1589/2025
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Uttarakhand High Court

WPCRL/1589/2025 on 3 December, 2025

                                                                                       2025:UHC:10752
                Office Notes,
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      Date                                               COURT'S OR JUDGE'S ORDERS
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                                  WPCRL No. 1589 of 2025
                                  Hon'ble Ashish Naithani, J.

Mr. Abhishek Verma, learned counsel for the Petitioner.

2. Mr. Pradeep Lohani, 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 impugned F.I.R. dated 25.02.2025 registered as FIR/Case Crime No.70 of 2025 for the offence punishable under Section 318(4) & 61 of BNS, 2023 at Police Station Vikas Nagar, District Dehradun lodged by the Respondent no.3 as against the Petitioner and further to direct the Respondent no.2 not to arrest the Petitioner as well as to follow the procedure under Section 35(3) of BNSS, 2023 in connection with the abovementioned FIR.

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 Vikas Nagar, District Dehradun/respondent no.2 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.

2025:UHC:10752

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 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.2 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.) 03.12.2025 Akash

AKASH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, 2.5.4.20=dae2472c001d56469ea76fc0caa68f48ef73 518c148d140566ab1e26f9cbe61d, postalCode=263001, st=Uttarakhand, serialNumber=27096a1625377537a487dee49224c 891823fc6a0334628b21e516047ed4f22f7, cn=AKASH Date: 2025.12.05 14:41:41 +05'30'