MOHD AFZAL ALIAS GABBAR AND ANR v. STATE OF UTTARAKHAND
WPCRL/1384/2025 · 2025-11-06
Pankaj Purohit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14430 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14430 (UTT) · dailylaw.ai ]
Judgment text
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
WPCRL No.1384 of 2025 Hon’ble Pankaj Purohit, J.
Mr. Mohit Kumar,
learned counsel for the petitioners.
2. Mr. Rakesh Negi, learned Brief Holder for the State.
3. By means of this writ petition, petitioners have impugned the FIR No.0473 of 2025 dated 29.10.2025, lodged under Section 118(1) of BNS, 2023, registered at P.S. Jaspur, District Udham Singh Nagar.
4.
Learned counsel for the petitioners 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 offence carry a punishment maximum to seven years, therefore before resorting to any arrest, 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 petitioners. Hence, it is provided that before taking any coercive measures against the petitioners, the Investigating Officer shall abide by procedure given under Section 35(3) of the BNSS Act, 2023 (under Section 41A of Cr.P.C.)
6. Accordingly, the writ petition stands disposed of.
7. Pending application, if any, stands disposed of accordingly.
(Pankaj Purohit, J.)
06.11.2025 AK