2025:UHC:9721 SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPCRL No.1373 of 2025 Hon’ble Pankaj Purohit, J. Mr. Susheel Kumar, learned counsel holding brief of Mr. Gaurav Singh, learned counsel for the petitioner. 2. Mr. Bhaskar Chandra Joshi, learned A.G.A. and Mr. Vikas Uniyal, learned Brief Holder for State of Uttarakhand/ respondent Nos.1 and 2. 3. Mr. Aakib Ahmad, learned counsel holding brief of Mr. Lalit Miglani, learned counsel, appeared on instruction for respondent No.3. 4. By means of this criminal writ petition, petitioner has put to challenge the FIR No.0225 of 2025 dated 09.08.2025, for the offences punishable under Sections 406 and 420 IPC, registered with P.S. Kankhal, District Haridwar and further prayed for a direction to respondent Nos.1 and 2 not to arrest him and not to take any coercive measure against him in pursuant to the aforesaid FIR. 5. After arguing a while, learned counsel for the petitioner has limited his argument to the extent that the Investigating Agency should comply with the guidelines given in Arnesh Kumar Vs. State of Bihar and Another reported in (2014) 8 SCC 273. 2025:UHC:9721 6. Since the offences under Sections 406 and 420 IPC, carry a punishment maximum to seven years, therefore, before resorting to any arrest a 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 petitioner. Hence, it is provided that before taking any coercive measures against the petitioner, Investigating Officer shall abide by procedure given under Section 35(3) of the BNSS Act, 2023 (under Section 41A of Cr.P.C.). It is also directed that the petitioner shall cooperate with the investigation. 7. Accordingly, the criminal writ petition stands disposed of. 8. Pending application, if any, also stands disposed of. (Pankaj Purohit, J.) 04.11.2025 PN