Extracted from the PDF above. The PDF is authoritative.
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.328 of 2025 Hon’ble Pankaj Purohit, J.
Mr. Abhishek Verma, learned counsel for the petitioner (appeared through V.C.) is present.
2. Mr. S.C. Dumka, learned AGA and Ms. Sweta Badola Dobhal, learned Brief Holder for the State are present.
3. By means of this writ petition, petitioner has impugned the FIR No.0281 of 2023 dated 16.06.2023, lodged under Sections 406 & 420 IPC, registered at P.S. Ranipur, District Haridwar.
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 alleged against the petitioner carries punishment maximum to seven years, therefore, before resorting to any arrest, 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.)
6. Accordingly, the writ petition stands disposed of.
7. Pending application, if any, stands disposed of accordingly.
(Pankaj Purohit, J.)
17.04.2025 AK