KARANDEEP SINGH KARAN RANDHAWA AND ORS v. STATE OF UTTARAKHAND
WPCRL/872/2025 · 2025-08-13
Pankaj Purohit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10042 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10042 (UTT) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPCRL No.872 of 2025 Hon’ble Pankaj Purohit, J.
Mr. S.R.S. Gill, learned counsel for the petitioners.
2. Mr. B.C. Joshi, learned AGA for the State.
3. The matter is shown as defective. From perusal of the record, it transpires that court fees stamp of Rs.5 has not been affixed upon the file.
4.
Learned counsel for the petitioners undertakes to remove the defect during the course of the day by affixing the court fees stamp of Rs.5.
5. He may do so during the course of the day.
6. By means of this writ petition, petitioners have impugned the FIR No.0152 of 2025 dated 11.08.2025, lodged under Sections 175, 319, 336(2), 336(3) & 340(2) of BNS, 2023, registered at P.S. Dineshpur, District Udham Singh Nagar.
7.
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.
8. 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.)
9. Accordingly, the writ petition stands disposed of.
10. Pending application, if any, stands disposed of accordingly.
11. Let a certified copy of this order be issued to the
learned counsel for the petitioners, today itself, on payment of usual charges.
(Pankaj Purohit, J.)
13.08.2025 AK