2025:UHC:2911 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.349 of 2025 Hon’ble Pankaj Purohit, J. Mr. J.C. Karnatak and Mr. Sanjay Kumar, learned counsel for petitioner. 2. Mr. Bhaskar Chandra Joshi, learned A.G.A. with Ms. Rangoli Purohit and Ms. Sweta Badola Dobhal, learned Brief Holder for the State of Uttarakhand. 3. By means of this criminal writ petition, petitioner has put to challenge the impugned FIR/Range Case No.79/ Aam./2024-25, under Sections 2, 9, 39, 50 and 51 of the Wildlife (Protection) Act, 1972, registered with P.S. Ramnagar Tarai Western Forest Division, District Nainital. 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 under Sections 2, 9, 39, 50 and 51 of the Wildlife (Protection) Act, 1972, 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 2025:UHC:2911 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 criminal writ petition stands disposed of. 7. Pending application, if any, also stands disposed of. (Pankaj Purohit, J.) 23.04.2025 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=63c75a8c4765581180a58d7478fadbe38331bac55c78b5f9f0276c16432f6aa b, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE064498483A83D84BDB0F9229D 5BF08D959AC, cn=PREETI NEGI Date: 2025.04.23 15:27:56 +05'30'