2025:UHC:2673 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.306 of 2025 Hon’ble Pankaj Purohit, J. Mr. Gaurav Singh, 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/ respondent Nos.1 and 2. 3. By means of this criminal writ petition, petitioners have put to challenge the FIR No.614 of 2024 dated 28.10.2024, u/s 115(2), 351(3), 352, 75(1) and 85 of the B.N.S. Act and u/s 3/4 of the Muslim Women (Protection of Rights over marriage) Act, 2019, registered with P.S. Gangnahar, 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 offence u/s u/s 115(2), 351(3), 352, 75(1) and 85 of the B.N.S. Act and u/s 3/4 of the Muslim Women (Protection of Rights over marriage) Act, 2019, 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 2025:UHC:2673 provided that before taking any coercive measures 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, also stands disposed of. (Pankaj Purohit, J.) 09.04.2025 PN PREETI NEGI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe38331bac55c 78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE06449848 3A83D84BDB0F9229D5BF08D959AC, cn=PREETI NEGI Date: 2025.04.09 14:42:57 +05'30'