✦ Uttarakhand High Court

SL. No. Date Office Notes v. State of Bihar (2014) 8 SCC 273

RAKESH THAPLIYAL

Case at a glance

Bench
RAKESH THAPLIYAL
Neutral citation
2026:UHC:4422

Outcome

Disposed of

petition is disposed of finally with the direction to

Provisions considered

Key paragraphs

  • Para 66. In such view of the matter, the instant writ petition is disposed of finally with the direction to the guidelines formulated by the Hon’ble Apex Court in the case of Arnesh Kumar vs. State of Bihar (2014) 8 SCC 273 and issue appropriate notices…

Judgment

WPCRL No. 997 of 2026 Hon’ble Rakesh Thapliyal, J.

1.

Mr. Kaushal Pandey and Mr. Mehboob Rahi, learned counsel for the petitioner.

2.

Mrs. Meenakshi Sharma and Mr. Himanshu Sain, learned A.G.A. for the State. 3. praying for the following reliefs: instant petition the petitioner By the quashing i. A writ order or direction in the nature of First certiorari Information Report No. 0122 of 2026 dated 06.05.2026 under section 420 of IPC at police station Kunda District Udham Singh Nagar. Annexure no. 1 page nos. 11 to 20. impugned I.O. follow should the petitioner ii. A writ order or direction in the nature of mandamus commanding the respondents not to to harass arrest and not connection with First Information Report No. 0122 of 2026 dated 06.05.2026 under section 420 of IPC at police station Kunda, District Udham Singh Nagar. Annexure no. 1 page no. 11 to 20.

4.

Learned counsel for the petitioner submits that the offences as alleged in the FIR against the petitioners are punishable for less than seven years, therefore, the guidelines formulated by the Hon’ble Apex Court in the case of Arnesh Kumar vs. State of Bihar (2014) 8 SCC 273.

5.

Learned State counsel have no objection on this and also submits that the offences as alleged are punishable for less than seven years, therefore, the I.O. concerned is under legal obligation to follow the guidelines formulated in the case of Arnesh Kumar (supra).

Operative part

6.

In such view of the matter, the instant writ petition is disposed of finally with the direction to the guidelines formulated by the Hon’ble Apex Court in the case of Arnesh Kumar vs. State of Bihar (2014) 8 SCC 273 and issue appropriate notices while conducting the investigation. I.O. concerned follow (Rakesh Thapliyal, J.) 02.06.2026 PR

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: petition is disposed of finally with the direction to

Which statutory provisions did this judgment involve?

Indian Penal Code, 1860 — s. 420.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Uttarakhand High Court or eCourts case status. ← Search more judgments