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Uttarakhand High Court
WPCRL/434/2025 on 7 May, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
Office Notes,
reports, orders
or proceedings
SL. No. Date or directions COURT'S OR JUDGE'S ORDERS
and Registrar's
order with
Signatures
WPCRL No.434 of 2025
Hon'ble Pankaj Purohit, J.
Mr. Deepak Joshi, learned counsel for the
petitioners.
2. Mr. Bhaskar Ch. Joshi, learned AGA for the State.
3. By means of this writ petition, petitioners have
impugned the FIR No.0377 of 2024 dated 26.10.2024
lodged under Sections 498-A, 504 & 506 IPC and
Section 3/4 of the Dowry Prohibition Act, registered at
P.S. Haldwani, District Nainital.
4. 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.
5. Since the aforesaid offences carry a 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 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
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.)
07.05.2025
AK
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