2025:UHC:1944 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.234 of 2025 Hon’ble Pankaj Purohit, J. Mr. Mani Kumar, learned counsel for petitioner. 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. 3. By means of this criminal writ petition, petitioner has impugned the FIR No.46 of 2025 dated 10.03.2025, under Sections 74 and 352 of BNS Act, registered with P.S. Dineshpur, District Udham Singh Nagar. 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 offences under Sections 74 and 352 of BNS Act, 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 against the petitioner, the Investigating 2025:UHC:1944 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.) 20.03.2025 PN