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.873 of 2025 Hon’ble Pankaj Purohit, J. Mr. Sanjay Bhatt, 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.0004 of 2025 dated 27.07.2025, under Sections 115(2), 191(3), 324(2), 351(2), 351(3), 352, 74, 76 of B.N.S., 2023, and 3(1)(r) and 3(1)(s) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, registered with Police Station Kanalichhina, District Pithoragarh. 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 offences under Sections 115(2), 191(3), 324(2), 351(2), 351(3), 352, 74, 76 of B.N.S., 2023, and 3(1)(r) and 3(1)(s) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, carries a punishment upto 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 measure 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-off accordingly. (Pankaj Purohit, J.) 14.08.2025 SK