2025:UHC:2081 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.241 of 2025 Hon’ble Pankaj Purohit, J. Mr. Mani Kumar, learned counsel for petitioners. 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. Mr. Mohit Kumar Kashyap, learned counsel for respondent No.3/caveator. 4. By means of this criminal writ petition, petitioners have put to challenge the FIR No.78 of 2025 dated 09.03.2025, under Sections 109, 115(2), 310(2) and 351(2) of B.N.S. Act, 2023, registered with P.S. Kiccha, District Udham Singh Nagar. 5. Learned counsel for the petitioners submits that from the bare perusal of the FIR, no case is made out against the petitioners. He took this Court to go through the FIR, but, from the perusal of FIR, it transpires that prima-facie cognizable offences are made out against the petitioners, therefore, this argument doesn’t find any force. 6. Per contra, learned State Counsel submits that during investigation, Sections 109 and 310(2) of the B.N.S. Act were deleted and now, only Sections 115(2), 351(2) and 191 (2) of the B.N.S. Act are pending against the 2025:UHC:2081 petitioners. 7. At this, 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. 8. Since the offences under Sections 115(2), 351(2) and 191 (2) of B.N.S. 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 Officer shall abide by procedure given under Section 35(3) of the BNSS Act, 2023 (under Section 41A of Cr.P.C.). 9. Accordingly, the criminal writ petition stands disposed of. (Pankaj Purohit, J.) 24.03.2025 PN