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Uttarakhand High Court
WPCRL/380/2025 on 28 April, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
Office Notes, reports,
orders or proceedings
SL. No Date or directions and COURT'S OR JUDGES'S ORDERS
Registrar's order with
Signatures
WPCRL No.380 of 2025
Hon'ble Pankaj Purohit, J.
Mr. Abhishek Verma, learned counsel for the petitioner.
2. Mr. S.C. Dumka, learned AGA and Ms. Sweta Badola
Dobhal, learned Brief Holder for the State.
3. By means of this writ petition, petitioner has impugned
the FIR No.158 of 2025 dated 19.04.2025, lodged under
Sections 3,4,5,6 & 7 of Immoral Traffic (Prevention) Act, 1956,
registered at P.S. Kashipur, District Udham Singh Nagar.
4. Learned counsel for the petitioner has limited his
argument to the extent that the investigation agency should
comply with the guidelines given in Arnesh Kumar Vs. State of
Bihar and another reported in (2014) 8 SCC 273.
5. Since the offences alleged against the petitioner carry
punishment maximum to seven years, therefore before resorting
to any arrest, prior notice under Section 35(3) of the B.N.S.S.,
2023 (under Section 41A of Cr.P.C.) is necessary to be issued to
the petitioner. Hence, it is provided that before taking any
coercive measures against the petitioner, the Investigating
Officer shall abide by procedure given under Section 35(3) of
the BNSS Act, 2023 (under Section 41A of Cr.P.C.)
6. Accordingly, the writ petition stands disposed of.
7. Pending application, if any, stands disposed of
accordingly.
(Pankaj Purohit, J.)
28.04.2025
AK
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