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2025 DAILYLAW 14047 (UTT)

BIRENDRA SINGH BHANDARI v. STATE OF UTTARAKHAND

WPCRL/1341/2025 · 2025-10-30

Ashish Naithani

body2025

Judgment text

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2025:UHC:9600 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.1341 of 2025 Hon’ble Ashish Naithani, J. Mr. Raj Kumar Singh, learned counsel for the Petitioner. 2. Mr. N.S. Kanyal, learned AGA for the State. 3. By means of this writ petition, petitioner has challenged the impugned First Information Report dated 13.10.2025 being F.I.R. No. 548 of 2025 for the offence punishable under Sections 115(2), 316(2), 318, 351(3), 352 of Bhartiya Nyaya Sanhita 2023, Police Station Patel Nagar, District Dehradun and further to direct the respondent no. 2 not to arrest the petitioner in connection with the abovementioned First Information Report. 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 Petitioners. 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:9600 6. Accordingly, the Writ Petition stands disposed of. 7. Pending application, if any, stands disposed of accordingly. (Ashish Naithani, J.) 30.10.2025 Nahid 2025:UHC:9600