2025:UHC:650 1 HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Criminal No. 47 of 2025 06th February, 2025 Tilak Raj Chhabra and Ors ……..Petitioners Versus State of Uttarakhand and others …Respondents ---------------------------------------------------------------------- Presence:- Mr. G D Joshi, Advocate for the petitioners. Mr. S.C. Dumka, A.G.A. for the State. ---------------------------------------------------------------------- Hon'ble Pankaj Purohit, J. By means of this writ petition, petitioners have impugned FIR No.0635 of 2024 dated 27.12.2024, under Sections 318(4), 351(2) and 352 of B.N.S. 2023, registered with Police Station Rudrapur, District Udham Singh Nagar. 2. 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. 3. Since the offences carries 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 petitioners. Hence, it is provided that before taking any coercive measure against the petitioners, the Investigating Officer shall abide by procedure given under Section 35(3) of the BNSS Act, 2023 (under Section 41A of Cr.P.C.) 4. Accordingly, the writ petition stands disposed of. 5. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) Vacation Judge 06.02.2025 SK