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:11107 WPCRL No.1669 of 2025 Hon’ble Ashish Naithani, J. Mr. Mani Kumar, learned counsel for the petitioner. 2. Mr. Rakesh Negi, learned Brief Holder for the State. 3. By means of this writ petition, petitioner has challenged the impugned First Information Report No.0092 of 2025 dated 25.06.2025 under Sections 131, 318(4), 324(4), 333, 351(2) & 352 of Bhartiya Nyaya Sanhita 2023 registered at P.S. Kelakheda, District Udham Singh Nagar. Further prayer has been made directing respondent nos.1 & 2 to provide notice under Section 35(3) of BNSS 2023 in context of aforesaid FIR. 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 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.) 12.12.2025 Arti