2025:UHC:10253 SL. No. Dat e Of f ice Not es, r epor t s, or ders 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 WPCRL No. 1493 of 2025 Hon ’ble Ash ish Nait h an i, J. Mr. Shariq Khurshid, learned counsel for the Petitioners. 2. Mr. G.C. Joshi, learned A.G.A. along with Mr. Rakesh Negi, learned Brief Holder for the State of Uttarakhand. 3. By means of this Writ Petition, the Petitioners have prayed for the following relief: “(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned first information report dated 26.09.2025 being FIR No. 324 of 2025 for the offences punishable under Sections 420, 504 IPC at Police Station Kunda, District Udham Singh Nagar. (ii) Issue a writ order or direction in the nature of mandamus commanding and directing the respondent nos. 1 and 2 not to arrest the petitioners in connection with impugned First Information Report dated 26.09.2025 being FIR No. 324 of 2025 for the offence punishable under Sections 420, 504 of IPC at Police Station Kunda, District Udham Singh Nagar.” 4. Learned counsel for the Petitioners confines his submission to the limited extent that the Investigating Agency may be directed to adhere to the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar vs. State of Bihar & Another, (2014) 8 SCC 273, and that the matter be considered in light of the said judgment. 5. Learned State Counsel does not oppose the submission. 6. Considering the submissions of both sides, and taking into account that the alleged offences are punishable with imprisonment up to seven years, it is directed that before resorting to arrest, the Investigating Officer shall issue prior notice to the Petitioners under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 41A 2025:UHC:10253 of the Code of Criminal Procedure, 1973). 7. Accordingly, it is provided that before taking any coercive measures against the Petitioners, the Investigating Officer shall strictly adhere to the procedure prescribed under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 8. Accordingly, the Writ Petition stands disposed of in terms of the guidelines laid down in Arnesh Kumar (supra), and the Investigating Officer shall adhere to the mandate of Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 9. Pending application(s), if any, also stand disposed of. ( Ash ish Nait h an i, J.) 1 9 .1 1 .2 0 2 5 Shiksha SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c 12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BE D00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.11.19 17:01:04 +05'30' 2025:UHC:10253