Uttarakhand High Court
WPCRL/1126/2025 on 29 October, 2025
2025:UHC:9533
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WPCRL No. 1126 of 2025
Hon'ble Ashish Naithani, J.
Ms. Sheetal Selwal, learned counsel for the Petitioner.
2. Mr. N.S. Kanyal, learned A.G.A. for the State of
Uttarakhand.
3. By means of this Writ Petition, the Petitioner has prayed
for the following reliefs:
"(i) To issue a writ, order or direction in the nature of
certiorari quashing the impugned H-2 Report dated
17.09.2025, being Range Case No. 28/Bannakhera/2025-
26, pertaining to offences punishable under Sections 2, 9,
39, 50 and 51 of the Wild Life (Protection) Act, 1972, as
amended in 2022, Range Bannakhera, Ramnagar, District
Nainital.
(ii) To issue a writ, order or direction in the nature of
mandamus commanding and directing respondent no. 2 not
to arrest the Petitioner in connection with the impugned H-
2 Report dated 17.09.2025, being Range Case No.
28/Bannakhera/2025-26, for the offences punishable under
Sections 2, 9, 39, 50 and 51 of the Wild Life (Protection)
Act, 1972, as amended in 2022, Range Bannakhera,
Ramnagar, District Nainital."
4. Learned counsel for the Petitioner confines his submission
to the limited extent that the Investigating Agency may be
directed to adhere to the guidelines laid down by the Hon'ble
Supreme Court in Arnesh Kumar vs. State of Bihar & Another,
reported in (2014) 8 SCC 273, and that the matter be considered
in light of the said judgment.
5. Learned State Counsel submits that approximately 10-12
2025:UHC:9533
kilograms of meat, allegedly that of a deer, a "Schedule Animal"
under the Wild Life (Protection) Act, along with a sickle (darati),
has been recovered. However, learned counsel for the Petitioner
contends that unless the meat is scientifically examined and
verified by the Forensic Science Laboratory (FSL), it cannot be
conclusively determined that the meat belongs to a deer or any
other protected animal.
6. Considering the submissions of both sides, and taking into
account that the alleged offences are punishable with
imprisonment up to seven years, it is directed that before
resorting to any arrest, the Investigating Officer shall issue prior
notice to the Petitioner under Section 35(3) of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (corresponding to Section 41A
of the Code of Criminal Procedure, 1973).
7. Accordingly, it is provided that before taking any coercive
measures against the Petitioner, the Investigating Officer shall
strictly adhere to the procedure prescribed under Section 35(3) of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
8. The Writ Petition stands disposed of accordingly.
9. Pending application(s), if any, also stand disposed of.
(Ashish Naithani, J.)
29.10.2025
Shiksha
SHIKSHA
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BINJOLA
21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND,
serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00
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Date: 2025.10.29 16:09:37 +05'30'
2025:UHC:9533
