SL. No. Dat e Of f ice Not es, report s, or ders or proceedin gs or direct ion s an d Regist rar’s order w it h Sign at u res COURT’S OR JUDGE’S ORDERS WPCRL No.1370 of 2025 Hon’ble Pankaj Purohit, J. Mr. Kaushal Sah Jagati and Mr. Yogesh Upadhyay, learned counsel for the petitioner. 2. Mr. Vikash Uniyal, learned Brief Holder for the State. 3. By means of this writ petition, petitioner has impugned the FIR No.0455 of 2025 dated 27.10.2025, lodged under Sections 7/8 of the POCSO Act, and Section 351(2) & 75(2) of BNS, 2023, registered at P.S. Kashipur, District Udham Singh Nagar. 4. Learned counsel for the petitioner 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 offence carry a punishment maximum to seven years, therefore before resorting to any arrest, 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, the Investigating Officer shall abide by procedure given under Section 35(3) of the BNSS Act, 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. (Pankaj Purohit, J.) 04.11.2025 AK