WPCRL/1715/2025
2025 Latest Caselaw 6579 UK

Uttarakhand High Court

WPCRL/1715/2025 on 29 December, 2025

                                                                                2025:UHC:11654
               Office Notes,
SL          reports, orders or
.            proceedings or
     Date                                           COURT'S OR JUDGE'S ORDERS
N             directions and
o.          Registrar's order
             with Signatures
                                 WPCRL No. 1715 of 2025
                                 Hon'ble Ashish Naithani, J.

Mr. Mohd. Alauddin, learned counsel for the Petitioners appeared through V.C.

2. Mr. S. S. Chauhan, learned D.A.G. assisted by Mr. Vikash Uniyal, learned Brief Holder for the State.

3. The present writ petition under Article 226 of the Constitution of India is filed by the Petitioners for quashing the impugned F.I.R. dated 13.12.2025, bearing FIR No.1287 of 2025, under Section 121(1), 132, 281 & 352 of BNS registered at Police Station Laksar, District Haridwar and further to direct the Respondent nos. 1 & 2 not to arrest the Petitioners in connection with the abovementioned FIR.

4. During the arguments, the learned counsel for the Petitioners submits that this writ petition may be disposed of with a direction to the Station House Officer, Police Station Laksar, District Haridwar/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 Petitioners.

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

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 2025:UHC:11654 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 petitioners' co-operation in the investigation, the Investigating Officer of the case shall not arrest the Petitioners 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 Petitioners shall extend full co-operation in the investigation and shall appear before the Investigating Officer as and when called upon.

(Ashish Naithani, J.) 29.12.2025 Akash

AKASH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, 2.5.4.20=dae2472c001d56469ea76fc0caa68f48ef 73518c148d140566ab1e26f9cbe61d, postalCode=263001, st=Uttarakhand, serialNumber=27096a1625377537a487dee4922 4c891823fc6a0334628b21e516047ed4f22f7, cn=AKASH Date: 2025.12.31 14:12:13 +05'30' 2025:UHC:11654