Disposed¶7

Tanveer and Others v. State of Uttarakhand

Uttarakhand HC5 May 2026WPCRL/781/2026

Case brief

AI extract

What is this about?

FIR quashing writ petition; Arnesh Kumar v. State of Bihar (2014) 8 SCC 273 guidelines; notice under Section 35(3) BNSS 2023 before arrest/apprehension; offences under BNS 2023 (Ss. 115(2), 132, 190, 191(2), 191(3), 324(4), 351(2), 351(3), 352, 79) all punishable with maximum sentence up to 7 years; FIR No. 0079 of 2026 dated 24.04.2026, Police Station Kaliyar Sharif, District Haridwar; Investigating Officer obligations during investigation; Uttarakhand High Court; WPCRL/781/2026; 2026:UHC:3381; Rakesh Thapliyal, J.; disposed 05.05.2026.

What did the court decide?

FIR not quashed; petition disposed of with directions to the Investigating Officer to follow the Arnesh Kumar guidelines and to issue notices to the petitioners under Section 35(3) BNSS, 2023 as and when their presence is required during investigation, and to take strict action if any petitioner indulges in future criminal activity.

SL.
No.

Date

Office Notes,
reports, orders
or proceedings
or directions
and Registrar’s
order with
Signatures

COURT’S OR JUDGE’S ORDERS

WPCRL/781/2026
Hon’ble Rakesh Thapliyal, J.

1.
Mr. Mohd. Safdar, learned counsel for
the petitioners.
2.
Ms. Meenakshi Sharma, learned AGA for
the State.
3.
By the instant petition, petitioners are
praying for quashing of the FIR dated
24.04.2026 bearing FIR No. 0079 of 2026,
registered at Police Station – Kaliyar Sharif,
District – Haridwar wherein the petitioners
have
been
implicated
for
the
offences
punishable under Sections 115(2), 132, 190,
191(2), 191(3), 324(4), 351(2), 351(3), 352 and 79
of BNS, 2023.
4.
On the previous date, learned State
Counsel was directed to get instructions.
Today, on instruction Ms. Meenakshi Sharma,
learned AGA apprise to this Court that some
of the petitioners are indulged in criminal
activities since long back.
5.
It is argued by the learned counsel for the
petitioners that all the offences are punishable
with the maximum sentence of upto 7 years
and as such, the Investigating Officer is under
the legal obligation to follow the guidelines as
formulated by Hon’ble Supreme Court in the
case ofArnesh Kumar Vs. State of Bihar
(2014)
8
SCC
273
while
conducting
investigation.
6.
On the other side, learned State Counsel
have not disputed that all the offences are
punishable with the maximum sentence of
upto 7 years, therefore, the I.O. is under legal
obligation to issue notice under Section 35 (3)
BNSS, 2023 while conducting the investigation
and to follow the guidelines as formulated by
Hon’ble Supreme Court in the case ofArnesh

Kumar Vs. State of Bihar (2014) 8 SCC 273.
7. In view of the submission as above, present writ petition is disposed of with the direction to the Investigating Officer to follow
the guidelines as formulated by Hon’ble
Supreme Court in the case ofArnesh Kumar
Vs. State of Bihar (2014) 8 SCC 273and issue notices to the petitioners under Section 35 (3) BNSS, 2023, as and when their presence are required, while conducting the investigation. 8. It is made clear that if any of the petitioners is indulged in future in any of the criminal activity, then the I.O. shall take strict action against them. (Rakesh Thapliyal, J.) 05.05.2026 SKS/Nahid

Kumar Vs. State of Bihar (2014) 8 SCC 273.

7.
In view of the submission as above,
present writ petition is disposed of with the
direction to the Investigating Officer to follow

the guidelines as formulated by Hon’ble

Supreme Court in the case ofArnesh Kumar

Vs. State of Bihar (2014) 8 SCC 273and issue
notices to the petitioners under Section 35 (3)
BNSS, 2023, as and when their presence are
required, while conducting the investigation.
8.
It is made clear that if any of the
petitioners is indulged in future in any of the
criminal activity, then the I.O. shall take strict
action against them.
(Rakesh Thapliyal, J.)
05.05.2026
SKS/Nahid

Tanveer and Others v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Tanveer and Others v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Rizwana Vs State of Uttarakhand

Deepak Kumar Vs State of Uttarakhand

Saniya Vs State of Uttarakhand

Alim Vs State of Uttarakhand

Tanishk Bora Vs State of Uttarakhand

Jitendra Chawla Vs State of Uttarakhand