Extracted from the PDF above. The PDF is authoritative.
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPCRL No.1135 of 2025 Hon’ble Pankaj Purohit, J.
Mr. Mani Kumar,
learned counsel for the petitioners.
2. Ms. Sweta Dobhal, learned B.H. for the State.
3. By means of this writ petition, petitioner has impugned the FIR dated 18.09.2025 being FIR No.315 of 2025 lodged under Sections 324(1), 351(3) and 352 of BNS, 2023 registered at P.S. Sitarganj, Distt. U.S. Nagar.
4.
Learned counsel for the petitioner 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. Learned State Counsel has also agreed to this argument.
5. Since the offences alleged against petitioners carry a punishment maximum to seven years, therefore before resorting to any arrest, 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 the petitioner, the Investigating Officer shall abide by procedure given under Section 35(3) of the BNSS Act, 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.
(Pankaj Purohit, J.)
22.09.2025 R.Dang