2025:UHC:7224 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.882 of 2025 Hon’ble Pankaj Purohit, J. Mr. Vikramaditya Buddhist, learned counsel holding brief of Mr. Rinkesh Rawat, learned counsel for petitioner. 2. Mr. S.C. Dumka, learned A.G.A. with Ms. Sweta Badola Dobhal, learned Brief Holder for State of Uttarakhand/ respondent No.1. 3. By means of this criminal writ petition, petitioner has put to challenge the impugned FIR No.0342 of 2024 dated 24.10.2024, for the offences punishable under Sections 420 and 506 IPC, registered with P.S. Nehru Colony, District Dehradun and further sought the indulgence of this Court for a direction to respondent No.1 not to take any coercive steps including arrest against the petitioner and to comply the provisions contained under Section 35(3) of BNSS 2023, before affecting the arrest of the petitioner in pursuance to the aforesaid FIR. 4. After arguing a while, learned counsel appearing for the petitioner 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. 2025:UHC:7224 5. Since the offences under Sections 420 and 506 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 before taking any coercive measures against present petitioner, 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 petitioner 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.) 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=63c75a8c4765581180a58d747 8fadbe38331bac55c78b5f9f0276c16432 f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CC CAE81FAE064498483A83D84BDB0F922 9D5BF08D959AC, cn=PREETI NEGI Date: 2025.08.18 16:22:14 +05'30'