2025:UHC:2410 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.267 of 2025 Hon’ble Pankaj Purohit, J. Mr. D.C.S. Rawat, learned counsel for petitioners. 2. Mr. S.C. Dumka, learned D.A.G. with Ms. Sweta Badola Dobhal, learned Brief Holder for State of Uttarakhand. 3. By means of this criminal writ petition, petitioners have put to challenge the FIR No.0007 of 2025 dated 04.01.2025, u/s 85 of B.N.S. Act, 2023, and u/s 3/4 of the Dowry Prohibition Act, 1961, registered with P.S. Banbhoolpura, District Nainital. 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 u/s 85 of B.N.S. Act, 2023, and u/s 3/4 of the Dowry Prohibition Act, 1961, 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 against the petitioners, the 2025:UHC:2410 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. (Pankaj Purohit, J.) 02.04.2025 PN