R/SCR.A/1109/2024 ORDER DATED: 16/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 1109 of 2024 ========================================================== JOSHI SATISH PRAKASHBHAI Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR SHRIRAM K BHARGAW(9436) for the Applicant(s) No. 1 MS SHRUTI PATHAK, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 16/06/2025 ORAL ORDER By way of present petition under Articles 226 and 227 of the Constitution of India, the petitioner has sought direction to the respondent agency to give 15 days’ prior notice before effecting the arrest of the petitioner by the police authorities so as to enable him to have recourse available under the law. Having heard learned advocates appearing for the respective parties and considering the issue involved in the petition and in view of decisions of Hon’ble Supreme Court in the case of Arnesh Kumar v. State of Bihar reported in (2014)8 SCC 273; Satender Kumar Antil v. Central Bureau of Investigation & Anr. reported in (2022)10 SCC 51 and Md. Asfak Alam vs. State of Jharkhand and Another reported in 2023 SCC OnLine SC 892 as also considering the fact that it is mandatory in law that if the offence is punishable with imprisonment upto 7 years and if any offence is registered then the authority is directed to scrupulously follow the mandate of section 41A of the CrPC (section 35 of the BNSS), present petition is disposed of. (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 16/06/2025 18:49:53