2025:UHC:8703 SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPCRL No.1163 of 2025 Hon’ble Pankaj Purohit, J. Mr. Anuj Singh Kunjwal and Mr. Mohit Kumar Kashyap, learned counsel for petitioner. 2. Mr. S.S. Chauhan, learned D.A.G. and Mr. Bhaskar Chandr Joshi, learned A.G.A. with Mr. Vikas Uniyal, learned Brief Holder for State of Uttarakhand/ respondent Nos.1 and 2. 3. By means of this criminal writ petition, petitioner has put to challenge the impugned FIR No.0175 of 2025 dated 03.06.2025, for the offences punishable under Section 303(2) of BNS 2023, registered with P.S. Haldwani, District Nainital and further a direction to be issued to respondent No.2 not to arrest the petitioner pursuant to the aforesaid FIR. 4. After arguing a while, learned counsel for the petitioner has limited his argument to the extent that the Investigating 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 under Sections 303(2) of BNS 2023, carry a punishment maximum to seven years, therefore, before resorting to any 2025:UHC:8703 arrest a 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 present petitioner, Investigating Officer shall abide by procedure given under Section 35(3) of the BNSS Act, 2023 (under Section 41A of Cr.P.C.). It is also directed that the petitioner shall cooperate with the investigation. 6. Accordingly, the present criminal writ petition stands disposed of. 7. Pending application, if any, also stands disposed of. (Pankaj Purohit, J.) 26.09.2025 PN