Uttarakhand High Court
WPCRL/421/2025 on 17 June, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
Office Notes, reports,
orders or proceedings
SL.
Date or directions and COURT'S OR JUDGE'S ORDERS
No.
Registrar's order with
Signatures
WPCRL No.421 of 2025
Hon'ble Pankaj Purohit, J.
Mr. B.S. Bhandari, Advocate holding brief of Mr. Mukul
Singh Dangi, Advocate for the petitioner.
2. Mr. S.S. Chauhan, D.A.G. with Ms. S.B. Dobhal, B.H. for the
State.
3. Mr. Aman Singh Chadha, Advocate for respondent no.3.
4. By means of this writ petition, petitioner has impugned FIR
No.0082 of 2025 dated 12.03.2025, under Sections 3/4 of Dowry
Prohibition Act, 1961 and Sections 323, 498-A and 504 of IPC,
registered with Police Station Haldwani, District Nainital.
5. 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.
6. Since offence under Sections 3/4 of Dowry Prohibition Act,
1961 and Sections 323, 498-A and 504 of IPC, carries a punishment
less than seven years, 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 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 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.)
17.06.2025
SK