Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 16371 (UTT)

SONAM v. STATE OF UTTARAKHAND

WPCRL/1394/2025 · 2025-11-06

Pankaj Purohit

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

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.1394 of 2025 Hon’ble Pankaj Purohit, J. Mr. Rajat Mittal, learned counsel for the petitioners. 2. Mr. Vikash Uniyal, learned Brief Holder for the State. 3. By means of this writ petition, petitioners have impugned the FIR No.0301 of 2025 dated 24.10.2025, lodged under Sections 351(2), 351(3), 352, 64 & 69 of BNS, 2023 and Sections 3/5 of the Uttarakhand Freedom of Religion Act, 2018, registered at P.S. Vikas Nagar, District Dehradun. 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 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 measures 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.) 6. Accordingly, the writ petition stands disposed of. 7. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 06.11.2025 AK