2025:UHC:1476 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.157 of 2025 Hon’ble Pankaj Purohit, J. Mr. Gaurav Singh, learned counsel for petitioner. 2. Mr. Bhaskar Chandra Joshi, learned A.G.A. with Mr. Vipul Painuli, learned Brief Holder for the State of Uttarakhand/respondent Nos.1 & 2. 3. By means of this criminal writ petition, petitioner has impugned the FIR No.88 of 2025 dated 29.01.2025, under Section 308(2) of BNS Act 2023, registered with Police Station Bahadrabad, District Haridwar. 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 Section 308(2) of BNS Act 2023, 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:1476 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.) 04.03.2025 PN