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.1159 of 2025 Hon’ble Pankaj Purohit, J.
Mr. Amanjot Singh Chadha, 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, petitioner has impugned the FIR No.0408 of 2025 dated 15.09.2025 lodged under Sections 318(4) and 319(2) of BNS, 2023 at Police Station Kashipur, District Udham Singh 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.
5. Since the offences under Sections 318(4) and 319(2) of BNS, 2023 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.)
25.09.2025 Ravi