Uttarakhand High Court
WPCRL/1349/2025 on 31 October, 2025
2025:UHC:9624
Office Notes,
reports, orders or
SL.
proceedings or
No Date COURT'S OR JUDGE'S ORDERS
directions and
.
Registrar's order
with Signatures
WPCRL No. 1349 of 2025
Hon'ble Ashish Naithani, J.
Ms. Geetanjali Dhami, learned counsel for the
Petitioner.
2. Mr. N. S. Kanyal, learned A.G.A. for the State.
3. The present writ petition under Article 226 of the
Constitution of India is filed by the Petitioner for
quashing the F.I.R. No.402/2025, registered at Police
Station Bahadrabad, District Haridwar under Sections
115(2), 351(3) and 352 of BNS along with all
consequential proceedings arising therefrom and further
to restrain the Respondent authorities from arresting or
taking any coercive action against the Petitioner in
connection with the aforesaid 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 Bahadrabad, 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
Petitioner.
5. Learned State counsel has no objection on the
submission made by the learned counsel for the
Petitioner.
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:9624
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.)
31.10.2025
Akash
AKASH
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
2.5.4.20=dae2472c001d56469ea76fc0caa68f48ef73518c
148d140566ab1e26f9cbe61d, postalCode=263001,
st=Uttarakhand,
serialNumber=27096a1625377537a487dee49224c8918
23fc6a0334628b21e516047ed4f22f7, cn=AKASH
Date: 2025.11.07 10:15:11 +05'30'
