2025:UHC:8573 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.1104 of 2025 Hon’ble Pankaj Purohit, J. Mr. Pooran Singh Rawat, learned counsel for petitioners. 2. Mr. S.S. Chauhan, learned D.A.G. and Mr. Bhaskar Chandr Joshi, learned A.G.A. with Mr. Vikas Uniyal, learned Brief Holder for State of Uttarakhand/ respondent Nos.1 and 2. 3. By means of this criminal writ petition, petitioners have put to challenge the impugned FIR No.0292 of 2025 dated 09.09.2025, for the offences punishable under Sections 318(2), 351(2) of BNS 2023, registered with P.S. Kicchha, District Udham Singh Nagar. 4. 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. 5. Since the offences under Sections 318(2), 351(2) 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 2025:UHC:8573 the petitioners. Hence, it is provided that before taking any coercive measures against the 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. 6. Accordingly, the present criminal writ petition stands disposed of. 7. Pending application, if any, also stands disposed of. (Pankaj Purohit, J.) 24.09.2025 PN