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2025 DAILYLAW 4011 (UTT)

PARESHWAR MANORI JOSHI v. STATE OF UTTARAKHAND

WPCRL/221/2025 · 2025-03-19

Pankaj Purohit

body2025

Judgment text

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2025:UHC:1880 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.221 of 2025 Hon’ble Pankaj Purohit, J. Mr. Pankaj Chaturvedi, learned counsel for petitioner, 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. Mr. Vikas Bahuguna, learned counsel for caveator, is present. 4. By means of this criminal writ petition, petitioner has impugned the FIR No.21 of 2025 dated 03.03.2025, under Sections 420, 504 and 506 IPC, registered with Police Station Rani Pokhri, District Dehradun. 5. 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. 6. Since the offences under Sections 420, 504 and 506 IPC, 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 petitioner. Hence, it is provided that before taking any coercive measures 2025:UHC:1880 against the petitioner, the Investigating Officer shall abide by procedure given under Section 35(3) of the BNSS Act, 2023 (under Section 41A of Cr.P.C.). 7. Accordingly, the criminal writ petition stands disposed of. 8. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 19.03.2025 PN