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:8502 WPCRL No.1127 of 2025 Hon’ble Ashish Naithani, J. Mr. Lalit Sharma, learned counsel for the petitioner. 2. Mrs. Pushpa Bhatt, learned Additional Advocate General assisted by Mr. S.C. Dumka, leaned AGA and Ms. Shweta Badola, learned Brief Holder for the State. 3. By means of this writ petition, petitioner has challenged the impugned First Information Report dated 09.03.2025 being FIR No.99 of 2025 for the offence punishable under Section 420 & 120-B of IPC, Police Station Kotwali Dehradun, District Dehradun. Further prayer has been made directing the respondent no.2 not to arrest the petitioner in connection with the aforesaid impugned First Information Report. 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 17:07:14 +05'30'