Disposed¶8

Gurudev Singh v. State of Uttarakhand

Uttarakhand HC2 Jul 2026WPCRL/1214/2026

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Uttarakhand High Court (neutral citation 2026:UHC:5279), decided 02-07-2026 by Alok Mahra, J. WPCRL/1214/2026, Gurudev Singh and Another v. State Of Uttarakhand. Writ petition seeking quashing of FIR No. 279 of 2026 dated 06.06.2026 under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023, Police Station Rudrapur, District Udham Singh Nagar; offence stated (by counsel) to be punishable with imprisonment up to seven years; counsel also urged the matter was essentially a civil dispute, with a pending civil suit for injunction and interim order in favour of respondent no. 3, and offered cooperation with investigation and amicable settlement. Prayer confined to a direction to the SHO/IO to adhere to Arnesh Kumar vs. State of Bihar and Another, (2014) 8 SCC 273 before arrest; State counsel had no objection. Petition DISPOSED OF (not quashed): Investigating Officer to investigate strictly in accordance with law and comply with Arnesh Kumar guidelines before arrest; if arrest is considered necessary, statutory requirements under the Bharatiya Nagarik Suraksha Sanhita, 2023 and Arnesh Kumar to be complied with in letter and spirit; pending applications disposed of. Keywords: quashing of FIR; Arnesh Kumar guidelines; seven-year offence; pre-arrest safeguards; BNSS 2023; Section 318(4) BNS 2023; writ petition criminal.

SL.
No.

Date

Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
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COURT’S OR JUDGE’S ORDERS

WPCRL/1214/2026
Gurudev Singh and Another
--Petitioners
Versus
State Of Uttarakhand
--Respondent

Hon'ble Alok Mahra, J.
Mr. M. K. Ray, learned counsel for the
petitioners.
Mr. Pradeep Lohani, learned A.G.A. for the
State of Uttarakhand.
2.
By means of the present writ petition, the
petitioners seek quashing of the impugned First
Information Report dated 06.06.2026, being FIR
No. 279 of 2026, registered under Section 318(4)
of the Bharatiya Nyaya Sanhita, 2023, at Police
Station Rudrapur, District Udham Singh Nagar.
3.
Heard learned counsel for the parties.
4.
Learned
counsel
for
the
petitioners
submitted
that
the
maximum
punishment
prescribed for the alleged offence is imprisonment
up to seven years. He further submitted that the
allegations made in the F.I.R. essentially disclose
a dispute of civil nature. It is also submitted that
the complainant has already instituted a civil suit
for injunction, wherein an interim order has been
passed by the competent Court in favour of
respondent no. 3. Learned counsel further
submitted that the petitioners are ready and
willing to cooperate with the investigation and
shall appear before the Investigating Officer as
and when required.
5.
Learned counsel for the petitioners further
submitted that the petitioners are also ready and
willing to settle the dispute amicably.
6.
During the course of arguments, learned
counsel for the petitioners confined his prayer and
submitted that the writ petition may be disposed
of with a direction to the concerned Station House
Officer/Investigating Officerto adhere to thelaw

Gurudev Singh v. State of Uttarakhand

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Gurudev Singh v. State of Uttarakhand

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