2025:UHC:2671 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.304 of 2025 Hon’ble Pankaj Purohit, J. Mr. Arvind Vashisth, learned Senior Counsel assisted by Mr. Vaibhav Singh Chauhan, 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 & 2. 3. Mr. Narendra Bali, learned counsel has appeared on behalf of respondent No.3. He may file his Vakalatnama during the course of day. 4. By means of this criminal writ petition, petitioners have put to challenge the FIR No.89 of 2025 dated 06.04.2025, u/s 318(4) of B.N.S. Act, 2023, and u/s 3(1)(r) & 3(1)(s) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, registered with P.S. Kankhal, District Haridwar. 5. Learned Senior 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. 6. Since the offences u/s 318(4) of B.N.S. Act, 2023, and u/s 3(1)(r) & 3(1)(s) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, carry a punishment maximum 2025:UHC:2671 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 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, 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=63c75a8c4765581180a58d7478fadbe38331bac55c78b5f 9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE064498483A8 3D84BDB0F9229D5BF08D959AC, cn=PREETI NEGI Date: 2025.04.09 15:13:50 +05'30'