2025:UHC:7223 SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPCRL No.879 of 2025 Hon’ble Pankaj Purohit, J. Mr. Akshay Pradhan, learned counsel for the petitioners. 2. Mr. S.C. Dumka, learned A.G.A. with Ms. Sweta Badola Dobhal, learned Brief Holder for the State of Uttarakhand/ respondent Nos.1 and 2. 3. Mr. Narendra Bali, learned counsel submits that he has got instruction to appear on behalf of respondent No.3. He is directed to file his Vakalatnama on behalf of respondent No.3, during the course of day. 4. By means of this criminal writ petition, petitioners have put to challenge the impugned FIR No.0333 of 2025 dated 05.07.2025, for the offences punishable under Sections 115(2), 191(2), 329(3), 351(2) and 352 of BNS 2023, registered with P.S. Kotwali Jwalapur, District Haridwar. 5. 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. 6. Since the offences under Sections 115(2), 191(2), 329(3), 351(2) and 352 2025:UHC:7223 of BNS 2023, 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 petitioners. Hence, it is provided that before taking any coercive measures against present petitioners, 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. 7. Accordingly, the criminal writ petition stands disposed of. 8. Pending application, if any, also stands disposed of. (Pankaj Purohit, J.) 18.08.2025 PN PREETI NEGI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fad be38331bac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE 81FAE064498483A83D84BDB0F9229D5BF08 D959AC, cn=PREETI NEGI Date: 2025.08.18 16:21:59 +05'30'