2025:UHC:10048 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. 1449 of 2025 Hon’ble Ashish Naithani, J. Mr. Gaurav Kandpal, learned counsel for the Petitioner. 2. Mr. G.C. Joshi, learned A.G.A. for the State of Uttarakhand. 3. By means of this Writ Petition, the Petitioner has prayed for the following reliefs: “(i) Issue a writ, order or direction in the nature of certiorari quashing the First Information Report, FIR/Case Crime No. 102/2025 dated 16.03.2025, registered at Police Station Vikas Nagar, District Dehradun, under Section 318(4) of the B.N.S., 2023. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing Respondent Nos. 1 and 2 not to arrest the Petitioner during the course of investigation arising out of the aforesaid First Information Report, FIR/Case Crime No. 102/2025 dated 16.03.2025, registered at Police Station Vikas Nagar, District Dehradun, under Section 318(4) of the B.N.S., 2023.” 4. Learned counsel for the Petitioner 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 Petitioner under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 41A of the Code of Criminal Procedure, 1973). 2025:UHC:10048 7. Accordingly, it is provided that before taking any coercive measures against the Petitioner, 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.) 13.11.2025 Shiksha 2025:UHC:10048