WPCRL/1625/2025
2025 Latest Caselaw 6308 UK

Uttarakhand High Court

WPCRL/1625/2025 on 15 December, 2025

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                                                                                      2025:UHC:11198

                               WPCRL No.1625 of 2025

                               Hon'ble Ashish Naithani, J.

Mr. Gaurav Singh, learned counsel for the Petitioners.

2. Mr. S.S. Chauhan, learned DAG with Mr. Vijay Khanduri, learned Brief Holder, for the State of Uttarakhand/1 & 2.

3. The present Petitioners have put a challenge to the FIR No.0161 of 2025, dated 03.11.2025, which was registered at Police Station Dalanwala, District Dehradun for their alleged involvement in commission of the offences under Sections 120-B and 420 of IPC.

4. As far as the offences under Section 120-B and 420 of IPC, are concerned, it carry a sentence of less than seven years, and it will be covered by the ratio laid down by the Hon'ble Apex Court in the matters of "Arnesh Kumar vs. State Of Bihar" reported in 2014 (8) SCC 273, where the Applicant is required to surrender before the court and seek his bail. However, the said benefit of "Arnesh Kumar vs. State of Bihar", would be extended to the Petitioners, subject to the condition that they cooperate with the investigation and render full support to the Respondent No.2.

5. In view of the aforesaid, this writ petition is being disposed of under the guidelines framed under the judgment of "Arnesh Kumar vs State of Bihar". However, if there is any dereliction on part of the Petitioners for not cooperating in the investigation, the benefit as granted by this order would automatically seize to have its effect.

(Ashish Naithani, J.) 15.12.2025 Nitesh/