WPCRL/1408/2025
2025 Latest Caselaw 5403 UK

Uttarakhand High Court

WPCRL/1408/2025 on 10 November, 2025

                                                                               2025:UHC:9891
               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. 1408 of 2025
                                 Hon'ble Ashish Naithani, J.

Mr. Shariq Khurshid, learned counsel for the Petitioners.

2. Mr. G. C. Joshi, learned A.G.A. 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 01.11.2025 being FIR No.458 of 2025 for the offence punishable under Sections 115(2), 352, 351(2), 332(c) of BNS at Police Station Kashipur, District Udham Singh Nagar and further to direct the Respondent nos. 1 & 2 not to arrest the Petitioners in connections 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 Kashipur, District Udham Singh Nagar/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:9891 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.) 10.11.2025 Akash