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Uttarakhand High Court
WPCRL/455/2025 on 13 May, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGE'S ORDERS
No. directions and
Registrar's order
with Signatures
WPCRL No.455 of 2025
Hon'ble Pankaj Purohit, J.
Mr. Mukesh Kumar Kapruwan, Advocate for the
petitioners.
2. Mr. B.C. Joshi, A.G.A. for the State.
3. By means of this writ petition, petitioners have
impugned FIR No.0036 of 2025 dated 28.04.2025,
under Sections 120-B and 420 of IPC registered with
Police Station Ranipokhari, District Dehradun.
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 offence under Sections 120-B and 420 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
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.)
6. Accordingly, the writ petition stands disposed-off.
7. Pending application, if any, stands disposed of
accordingly.
(Pankaj Purohit, J.)
13.05.2025
SK
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