2025:UHC:1644 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.143 of 2025 Hon’ble Pankaj Purohit, J. Mr. R.P. Singh, learned counsel for petitioner, is present. 2. Mr. Kuldeep S. Rawal and Mr. Bhaskar Chandra Joshi, learned A.G.A. with Mr. Vipul Painuli and Ms. Sweta Dobhal, learned Brief Holders for the State of Uttarakhand, are present. 3. By means of this criminal writ petition, petitioner has impugned the FIR No.270 of 2024 dated 25.11.2024, under Sections 406, 420 and 506 IPC, registered with Police Station Dalanwala, District Dehradun. 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 offence under Sections 406, 420 and 506 IPC, 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 the petitioners. Hence, it is provided that before taking any coercive measures against the petitioners, the 2025:UHC:1644 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.) 10.03.2025 PN