SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 2025:UHC:8536 WPCRL No.1130 of 2025 Hon’ble Ashish Naithani, J. Mr. Raj Kumar Singh, learned counsel for the Petitioners. 2. Mr. Vipul Painuly, learned AGA for the State of Uttarakhand. 3. By means of this writ petition, petitioners have challenged the impugned FIR No.464 of 2025 dated 09.09.2025 for the offence punishable under Sections 308(2), 318(4), 319(2), 333, 351(2) of B.N.S. registered at Police Station Patel Nagar, District Dehradun. Further prayer has been made directing respondent no.2 not to arrest the petitioners in connection with aforesaid FIR. 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 the aforesaid offences carry a punishment maximum to seven years, therefore, before resorting to any arrest, prior notice under Section 35 (3) of the Bharatiya Nagarik Suraksha Sanhita, 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 the Petitioners, the Investigating Officer shall abide by procedure given under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (under Section 41A of Cr.P.C.). 6. Accordingly, the Writ Petition stands disposed of. 7. Pending application, if any, stands disposed of accordingly. (Ashish Naithani, J.) 23.09.2025 Arti ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH Date: 2025.10.07 17:07:37 +05'30'