2025:UHC:7225 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.883 of 2025 Hon’ble Pankaj Purohit, J. Mr. Shivam Gulati, learned counsel holding brief of Mr. Shubhr Rastogi, learned counsel for the petitioner, appeared through video conferencing. 2. Mr. S.C. Dumka, learned A.G.A. with Ms. Sweta Badola Dobhal, learned Brief Holder for State of Uttarakhand/ respondent Nos.1 and 2. 3. By means of this criminal writ petition, petitioner has put to challenge the impugned FIR No.0097 of 2025 dated 03.07.2025, for the offences punishable under Sections 115(2), 126(2), 351(3), 352 and 74 of the BNS 2023, registered with P.S. Dalanwala, District Dehradun and further sought the indulgence of this Court for a direction to Investigating Agency to abide the procedure given under Section 35(3) of BNSS 2023 (under Section 41A of Cr.P.C.). 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. 5. Since the offences under Sections 2025:UHC:7225 115(2), 126(2), 351(3), 352 and 74 of the 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 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=63c75a8c4765581180a58d7478f adbe38331bac55c78b5f9f0276c16432f6aa b, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCC AE81FAE064498483A83D84BDB0F9229D5 BF08D959AC, cn=PREETI NEGI Date: 2025.08.18 16:22:30 +05'30'