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2025 DAILYLAW 14952 (UTT)

SANTOSH ALIAS GUDDU v. STATE OF UTTARAKHAND

C528/1837/2025 · 2025-11-25

Ashish Naithani

body2025

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 2025:UHC:10480 C528 No.1837 of 2025 Hon’ble Ashish Naithani, J. Mr. Lalit Miglani, learned counsel holding brief of Mr. Pankaj Kumar Sharma, learned counsel for the Applicant. 2. Mr. Deepak Bhardwaj, learned Deputy Advocate General for the State. 3. By means of this criminal miscellaneous application, applicant has sought quashing of the impugned summoning order dated 23.03.2023 alongwith entire proceedings of Complaint Case No.293 of 2023 (Old No.1206 of 2022) Sanjay Verma vs. Santosh @ Guddu under Section 138 of Negotiable Instruments Act pending before Additional Chief Judicial Magistrate, Roorkee, District Haridwar and also to quash the NBW issued against the Applicant. 4. Learned counsel for the applicant 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 miscellaneous application stands disposed of. 7. Pending application, if any, stands disposed of accordingly. (Ashish Naithani, J.) 25.11.2025 Arti