DEEPAK MEHTA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of the present writ petition, petitioner has put to challenge the impugned FIR No.0096 of 2025 dtd. 7/6/2025 lodged by the respondent No.3 for the offences punishable under Ss. 115, 326(g) and 352 of the B.N.S. 2023, registered with P.S. Dineshpur, District Udham Singh Nagar and further not to arrest the petitioner in connection with the aforesaid FIR.

(2.) It is the contention of the learned counsel for the petitioner that earlier when the FIR was lodged, Sec. 326(g) of the B.N.S. Act was not there against the petitioner. This Court has granted relief to the petitioner in WPCRL No.646 of 2025 vide its order dtd. 23/6/2025 in the light of the judgment rendered by Hon'ble Apex Court in Arnesh Kumar Vs. State of Bihar and another.

(3.) It is admitted by learned counsel for the petitioner that subsequently, during investigation, one more Sec. i.e. 326(g) of the B.N.S., 2023, was also added against the petitioner-Deepak Mehta and co-accused-Vikram Nagerkoti, which is punishable with the life imprisonment or imprisonment up to ten years, therefore, the provisions of Arnesh Kumar (Supra) cannot be helpful to the petitioner. Thus, the petitioner has filed the instant writ petition to seek protection from this Court under Sec. 326(g) of the B.N.S. Act, 2023.