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:9965 WPCRL No.1438 of 2025 Hon’ble Ashish Naithani, J. Mr. Gaurav Singh, learned counsel for the Petitioners. 2. Mr. N.S. Kanyal, learned AGA for the State. 3. By means of this writ petition, petitioners have challenged the impugned First Information lodged against the petitioners on 03.11.2025 registered as FIR No.161 of 2025 under Section 120-B, 420 of IPC registered at P.S. Dalanwala, District Dehradun qua the petitioners. Further prayer has been made directing the respondent nos.1 & 2 not to take any coercive action against the petitioners pursuant to the aforesaid FIR. 4. Learned counsel for the petitioners have 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 Writ Petition stands disposed of. 7. Pending application, if any, stands disposed of accordingly. (Ashish Naithani, J.) 12.11.2025 Arti ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH Date: 2025.11.13 10:36:41 +05'30'