WPCRL/465/2025 on 15 May, 2025

Uttarakhand High Court

WPCRL/465/2025 on 15 May, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

                                                                       2025:UHC:3941
                Office Notes,
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                                  WPCRL No.465 of 2025
                                  Hon'ble Pankaj Purohit, J.

Ms. Nancy Singh, learned counsel
holding brief of Mr. Shashi Kant
Shandilya, learned counsel for
petitioner.

2. Mr. Bhasker Chandra Joshi, learned
A.G.A. with Ms. Sweta Badola Dobhal,
learned Brief Holder for the State of
Uttarakhand/respondent Nos.1 and 2.

3. By means of this criminal writ
petition, petitioner has put to challenge
the FIR No.0149 of 2025 dated
26.03.2025, for the offences punishable
under Sections 323, 420, 504 and 506
of IPC, registered with P.S. SIDCUL,
District Haridwar.

4. Learned counsel appearing for the
petitioner has limited her argument to
the extent that the Investigating
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 under Sections
323, 420, 504 and 506 of IPC, carry a
punishment maximum to seven years,
therefore, before resorting to any arrest
a 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
2025:UHC:3941

before taking any coercive measures
against 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 criminal writ
petition stands disposed of.

7. Pending application, if any, also
stands disposed of.

(Pankaj Purohit, J.)
15.05.2025
PN
Digitally signed by PREETI NEGI

PREETI
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
ou=HIGH COURT OF UTTARAKHAND,
2.5.4.20=63c75a8c4765581180a58d7478fadbe38331
bac55c78b5f9f0276c16432f6aab,

NEGI
postalCode=263001, st=UTTARAKHAND,
serialNumber=2BA53171893B3C3CB3CCCAE81FAE0
64498483A83D84BDB0F9229D5BF08D959AC,
cn=PREETI NEGI
Date: 2025.05.15 15:50:10 +05’30’