IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. WP No.03 of 2026 Reserved on : 06.03.2026 Date of Decision : 11.03.2026 Ankur Anandkar …… Petitioner Versus State of Himachal Pradesh …… Respondent Coram: r The Hon’ble Mr. Justice G.S. Sandhawalia, Chief Justice The Hon’ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting?1 For the Petitioner : M/s Vinay Yadav, Amandeep Singh, Shivaik Bhaik and Bharat Bhandari, Advocates.

For the Respondent : Mr. Gobind Korla, Additional Advocate General.

Sub Inspector Hoshiar Singh, Police Station, Manikaran, District Kullu, Himachal Pradesh, is present in person.

Bipin Chander Negi, Judge In the present Petition filed under Article 226 of the Constitution of India read with Section 528 of the BNSS, challenge is sought to the quashing of the arrest of the petitioner and subsequent remand orders dated 06.01.2026 and 09.01.2026 (Annexures P-2 and P-3) respectively passed by the Ilaqua Magistrate Manikaran, being violative of Article 22(1) of the Constitution of India.

Whether reporters of Local Papers may be allowed to see the judgment?

2. In the present case, a complaint with respect to cheating and establishment of sexual relations on the pretext of marriage, was lodged with the Police Station, Industrial Area, District Chandigarh, State Chandigarh, on 07.11.2025. Statement of the complainant was recorded on 02.12.2025. It was alleged in the complaint and the statement recorded that the complainant is a permanent resident of Bihar and is presently residing in Chandigarh. The complainant is stated to be working in Panchkula. Through a mediatotr, a marriage proposal of the petitioner had been received by the family of the complainant. Subsequent thereto, discussions between the parents of the complainant and the petitioner with respect to the proposed marriage had taken place. Thereafter, it is stated in the complaint that the petitioner started talking frequently with the comp lainant. The complainant invited the petitioner to join the complainant and her friends on a trip to Himachal Pradesh. Thereafter, on 9^th and 10^th February, 2026, they visited and stayed at Tosh (Kullu) and Manali. On the aforesaid two dates, it is alleged in the complaint that on the false pretext of marriage, the petitioner had established physical relations with the complainant.

3. On the basis of the complaint, statement made and inquiry conducted, a Zero FIR was lodged on 02.12.2025 with the Police Station, Industrial Area District Chandigarh, State Chandigarh on 04.12.2025. The same was transferred to Police Station, Manikaran. On transfer, investigation in the case at hand was conducted by Sub Inspector, Hoshiar Singh, Investigating Officer, Police Station, Manikaran, District Kullu. On 05.12.2025, the complainant was informed on telephone to join the investigation. On 14.12.2025, the complainant along with her younger sister joined the investigation at Police Station, Manikaran. Identification of the locations, i.e. Energy Guest House & Cafe, Tosh and Hotel Sawan Residency, Manali, wherein, the petitioner had established sexual relations with the complainant on the false pretext of marriage, was got done. On 15.12.2025, the complainant was got medically examined at Regional Hospital, Kullu and the tMedical Examination Certificate (MLC) was obtained. Further, investigation was conducted on 04.01.2026, when seizure memo was prepared. Statements of witnesses were recorded.

4. On 05.01.2026, the petitioner was taken to Police Station, Sector 31 , Chandigarh and thereafter to Police Station, Manikaran District Kullu, Himachal Pradesh by the investigating agency. On the aforesaid date at 9:42 a.m, General Diary Entry was recorded at Police Station, Sector 31, Chandigarh with respect to inquiry and departure of the petitioner towards Police Station, Manikaran. Formal arrest of the petitioner was made on 05.01.2026 at 7:00 p.m. Information qua arrest was given to the father of the petitioner through mobile