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2025 DAILYLAW 16209 (UTT)

VIJAY CHANDRA JOSHI AND ORS v. STATE OF UTTARAKHAND

WPCRL/1467/2025 · 2025-11-14

Ashish Naithani

body2025

Judgment text

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SL. 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:10126 WPCRL No.1467 of 2025 Hon’ble Ashish Naithani, J. Mr. Deep Prakash Bhatt, learned counsel for the petitioners. 2. Mr. Vikas Uniyal, learned Brief Holder for the State. 3. By means of this writ petition, petitioners have challenged the impugned First Information Report No.24 of 2025 under Section 3, 4 of Dowry Prohibition Act and 115(2), 351(3), 352, 85 of B.N.S. 2023 dated 08.07.2025 registered at P.S. Lohaghat, District Champawat. Further prayer has been made to direct respondent nos.1 & 2 not to arrest the petitioners in connection with aforesaid FIR. 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.) 14.11.2025 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: 2025.11.18 10:50:44 +05'30'