2025:UHC:8919 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.1182 of 2025 Hon’ble Ashish Naithani, J. Mr. Shakib Hussain, learned counsel for the Petitioner. 2. Mr. Vipul Painuly, learned AGA for the State. 3. By means of this writ petition, petitioner has challenged the impugned First Information Report dated 29.05.2025 (Annexure no.1) as Case Crime No.945 of 2025 for the offence punishable under Sections 3/7, Essential Commodity Act 1955 at P.S. Laksar, District Haridwar. Further prayer has been made directing the respondents not to arrest the petitioner in connection with the aforesaid Case Crime till the pendency of present petition. 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 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 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 Bharatiya Nagarik Suraksha Sanhita, 2023 (under Section 41A of Cr.P.C.). 2025:UHC:8919 6. Accordingly, the Writ Petition stands disposed of. 7. Pending application, if any, stands disposed of accordingly. (Ashish Naithani, J.) 08.10.2025 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: 2025.10.09 14:46:00 +05'30'