Uttarakhand High Court
WPCRL/828/2025 on 7 August, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
2025:UHC:6915
Office Notes,
reports, orders or
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Date COURT'S OR JUDGES'S ORDERS
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WPCRL No.828 of 2025
Hon'ble Pankaj Purohit, J.
Mr. Gaurav Singh, learned counsel
for the petitioners.
2. Mr. Bhaskar Chandra Joshi, learned
A.G.A. for the State of Uttarakhand/
respondent Nos.1 and 2.
3. By means of this criminal writ
petition, petitioners have sought the
indulgence of this Court for a direction
to respondent Nos.1 and 2 to comply
the provisions contained under Section
35(4) of BNSS 2023, before affecting
the arrest of the petitioners in
pursuance to the first information report
lodged by respondent No.3 on
13.05.2025, which was registered as
FIR No.0144 of 2025, for the offences
punishable under Section 420 IPC,
registered with P.S. Ram Nagar, District
Nainital.
4. After arguing a while, learned
counsel for the petitioners has limited
his 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 Section
420 IPC, carry a punishment maximum
to seven years, therefore, before
2025:UHC:6915
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
petitioners. Hence, it is provided that
before taking any coercive measures
against present 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.). It is also directed that the
petitioners shall cooperate with the
investigation.
6. Accordingly, the criminal writ
petition stands disposed of.
7. Pending application, if any, also
stands disposed of.
(Pankaj Purohit, J.)
07.08.2025
PN
PREETI Digitally signed by PREETI NEGI
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF
UTTARAKHAND,
2.5.4.20=63c75a8c4765581180a58d7478fadbe38331bac55c78b5f9f0276c16432f
NEGI
6aab, postalCode=263001, st=UTTARAKHAND,
serialNumber=2BA53171893B3C3CB3CCCAE81FAE064498483A83D84BDB0F922
9D5BF08D959AC, cn=PREETI NEGI
Date: 2025.08.07 15:59:53 +05’30’