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2025:UHC:11654

Office Notes,

SL reports, orders or

. proceedings or

Date COURT’S OR JUDGE’S ORDERS

N directions and

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WPCRL No. 1715 of 2025

Hon’ble Ashish Naithani, J.

Mr. Mohd. Alauddin, learned counsel for the

Petitioners appeared through V.C.

2. Mr. S. S. Chauhan, learned D.A.G. assisted by

Mr. Vikash Uniyal, learned Brief Holder 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 13.12.2025,

bearing FIR No.1287 of 2025, under Section 121(1),

132, 281 & 352 of BNS registered at Police Station

Laksar, District Haridwar and further to direct the

Respondent nos. 1 & 2 not to arrest the Petitioners in

connection 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 Laksar, 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 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:11654

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.)

29.12.2025

Akash

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2025:UHC:11654