2025:UHC:1879 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.198 of 2025 Hon’ble Pankaj Purohit, J. Mr. Bilal Ahmed, learned counsel for petitioners, is present. 2. 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, petitioners have impugned the FIR No.70 of 2025 dated 02.03.2025, under Sections 115(2), 190, 191(3), 332(c), 351(2), 352 BNS, registered with Police Station Jhabrera, District Haridwar. 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 offences under Sections 115(2), 190, 191(3), 332(c), 351(2), 352 BNS, carry 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 2025:UHC:1879 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.) 19.03.2025 PN