2 L. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS 2025:UHC:11501 WPCRL No.1746 of 2025 Hon’ble Ashish Naithani, J. Mr. Harshpal Sekhon, learned counsel for the Petitioners. 2. Mr. Vipul Painuly, learned AGA for the State. 3. By means of this writ petition, petitioners have challenged the impugned First Information Report No.547 of 2025 dated 16.12.2025 under Sections 112, 318(4), 351(2), 61(1)(b) of the Bhartiya Nyaya Sanhita (BNS), 2023 registered at Police Station-Jaspur, District Udham Singh Nagar. Further a prayer has been made commanding respondent os.2 & 3 not to arrest the petitioners. 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 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.) 23.12.2025 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: 2025.12.23 16:56:52 +05'30'