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2025 DAILYLAW 11767 (UTT)

ATUL TYAGI AND ANR v. STATE OF UTTARAKHAND

WPCRL/1149/2025 · 2025-09-25

Pankaj Purohit

body2025

Judgment text

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.1149 of 2025 Hon’ble Pankaj Purohit, J. Mr. Abhishek Verma, learned counsel for the petitioners. 2. Mr. Bhaskar Chandra Joshi, AGA with Mr. Vikas Uniyal, Brief Holder for the State. 3. By means of this writ petition, petitioners have impugned the FIR/Case Crime No.0346 of 2025 dated 30.08.2025 lodged under Sections 420 & 506 of the Indian Penal Code, 1860 at Police Station Bahadrabad, District Haridwar. 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 offences under Sections 420 & 506 IPC, 1860 carries 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 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 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.) 25.09.2025 Ravi