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
2025:UHC:10535
WPCRL No.941 of 2025 Hon’ble Ashish Naithani, J.
1. Mr. Deepak Petshali, learned counsel for the Petitioners.
2. Mr. N.S. Kanyal, learned AGA for the State.
3. By means of this writ petition, petitioner has sought direction in the nature of mandamus commanding and directing the respondent no.1 to transfer the investigation of the FIR No.176 of 2025 from the Station House Officer, Police Station, Rudrapur, District Udham Singh Nagar to Economic Offences Wing, Dehradun (Special Task Force) i.e. respondent no.3.
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.).
6. Accordingly, the criminal writ petition stands disposed of.
7. Pending application, if any, stands
disposed of accordingly.
(Ashish Naithani, J.)
26.11.2025 Arti