2025:UHC:1352 SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPCRL No.133 of 2025 Hon’ble Pankaj Purohit, J. Mr. Girish Chandra Lakhchaura, learned counsel for petitioners. 2. Mr. Bhaskar Chandra Joshi, learned A.G.A. with Mr. Vipul Painuli, learned Brief Holder for the State of Uttarakhand. 3. By means of this criminal writ petition, petitioners have impugned the FIR/Case Crime No.204 of 2024 dated 29.11.2024, under Sections 85, 351(3) and 352 of BNS Act 2023 and under Section 3/4 of the Dowry Prohibition Act 1961, registered with Police Station Gadarpur, District Nainital. 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 offence under Sections 85, 351(3) and 352 of BNS Act 2023 and under Section 3/4 of the Dowry Prohibition Act 1961, carries a punishment maximum to seven years, therefore, before resorting to any arrest a 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 2025:UHC:1352 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 criminal writ petition stands disposed of. 7. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 27.02.2025 PN