WPCRL/244/2026
2026 Latest Caselaw 593 UK

Uttarakhand High Court

WPCRL/244/2026 on 3 February, 2026

                                                                       2026:UHC:666
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]                              WPCRL/244/2026

                               Hon'ble Siddhartha Sah, J.

1. Mr. Mehboob Rahi, learned counsel for the petitioners.

2. Mr. Vikas Uniyal and Mr. Deepak Bharadwaj, Brief Holder for the State.

3. Urgency application is allowed.

4. Petitioners have sought quashing of the FIR No. 0075 of 2026, dated 23.01.2026, registered under Sections 316(2), 351(2) and 352 of BNS, 2023, registered at PS Kotwali Jwalapur, District Haridwar.

5. Counsel for the State-respondents states that since the imprisonment for the offences is less than upto 7 years, the case is squarely covered by the case of Arnesh Kumar vs. State of Bihar, reported in (2014) 8 SCC 273.

6. In view of the submissions as advanced by the learned counsel for the parties, the present Writ Petition is disposed of in view of the Judgment of Hon'ble Apex Court in the case of Arnesh Kumar vs. State of Bihar, 2026:UHC:666 (2014) 8 SCC 273 and the Investigating Officer is directed to follow the procedure as prescribed under Section 41-A of the Cr.P.C.

7. The petition stands disposed of accordingly.

(Siddhartha Sah, J.) Vacation Judge 03.02.2026 Kaushal 2026:UHC:666