2025:UHC:10412 SL. No. Dat e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL No. 1516 of 2025 Hon’ble Ashish Naithani, J. Mr. Mohd. Safdar, learned counsel for the Petitioners through video conferencing. 2. Mr. S.S. Chauhan, learned Deputy Advocate General assisted by Mr. Vikash Uniyal, learned Brief Holder for the State of Uttarakhand. 3. By means of this Writ Petition, the Petitioners have prayed for the following relief: “(i) Issue a writ order or direction in the nature of Certiorari quashing the impugned F.I.R. dated 01.11.2025 registered as Case Crime No. 629 of 2025 under Section 115(2), 191(2), 191(3), 333, 351 (2), 352 B.N.S., 2023 Police Station Kotwali Jwalapur, District Haridwar. (ii) Issue a writ order or direction in the nature of commanding the respondents not to arrest the petitioner in Case Crime No. 629 of 2025 under Section 115(2), 191(2), 191(3), 333, 351 (2), 352 B.N.S., 2023 Police Station Kotwali Jwalapur, District Haridwar.” 4. Learned counsel for the Petitioners confines his submission to the limited extent that the Investigating Agency may be directed to adhere to the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar vs. State of Bihar & Another, (2014) 8 SCC 273, and that the matter be considered in light of the said judgment. 5. Learned State Counsel does not oppose the submission. 6. Considering the submissions of both sides, and taking into account that the alleged offences are punishable with imprisonment up to seven years, it is directed that before resorting to arrest, the Investigating Officer shall issue prior notice to the Petitioners under Section 35(3) of the Bharatiya 2025:UHC:10412 Nagarik Suraksha Sanhita, 2023 (corresponding to Section 41A of the Code of Criminal Procedure, 1973). 7. Accordingly, it is provided that before taking any coercive measures against the Petitioners, the Investigating Officer shall strictly adhere to the procedure prescribed under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 8. Accordingly, the Writ Petition stands disposed of in terms of the guidelines laid down in Arnesh Kumar (supra), and the Investigating Officer shall adhere to the mandate of Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 9. Pending application(s), if any, also stand disposed of. (Ashish Naithani, J.) 21.11.2025 Shiksha SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f2 1822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E 67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.11.21 14:44:42 +05'30' 2025:UHC:10412