WPCRL/587/2025 on 16 June, 2025

Uttarakhand High Court

WPCRL/587/2025 on 16 June, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

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                                      WPCRL No.587 of 2025
                                      Hon'ble Pankaj Purohit, J.

Mr. Rajat Mittal, Advocate for the petitioners.

2. Ms. S.C. Dumka, A.G.A. for the State.

3. By means of this writ petition, petitioners have impugned FIR
No.0260 of 2025 dated 27.05.2025, under Sections 323, 377, 498-A,
504 and 506 of IPC, registered with Police Station SIDCUL, District
Haridwar.

4. It is contended by counsel for the petitioners that petitioners
before this Court in present writ petition are father in-law, mother
in-law and sisters in-law against whom no allegations under Section
377 of IPC have been made; barring that section all other sections
are punishable for less than seven years.

5. Learned counsel for the petitioners 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.

6. Since offence under Sections 323, 498-A, 504 and 506 of
IPC, carries a punishment upto seven years, except Section 377,
therefore before resorting to any arrest, a prior notice under Section
35(3) of the B.N.S.S., 2023 (under Section 41-A of Cr.P.C.) is
necessary to be issued to the petitioners. Hence, it is provided that
before taking any coercive measures against the petitioners, the
Investigating Officer shall abide by procedure given under Section
35(3) of the B.N.S.S. Act, 2023 (under Section 41-A of Cr.P.C.)

7. Accordingly, the writ petition stands disposed-off.

8. Pending application, if any, stands disposed of accordingly.

(Pankaj Purohit, J.)
16.06.2025
SK