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.351 of 2025 Hon’ble Pankaj Purohit, J.
Mr. Shariq Khurshid, learned counsel for the petitioners.
2. Ms. Sweta B. Dobhal, learned Brief Holder for the State.
3. Mr. Prince Chauhan, learned counsel for respondent no.3.
4. By means of the present writ petition, petitioners have put to challenge the FIR No.120 of 2025 dated 16.04.2025, under Sections 115, 332(c), 351(2) & 352 of BNS registered at P.S. Jaspur, District Udham Singh Nagar.
5.
Learned counsel for the petitioners does not want to press the Compounding Application (IA No.1 of 2025). Accordingly, the same is dismissed as not pressed.
6. After arguing for a while, learned counsel for the petitioners Mr. Shariq Khurshid has limited his argument to the extent that the Investigating Agency should comply with the guidelines given in Arnesh Kumar vs. State of Bihar and another reported in (2014) 8 SCC 273.
7. Since the offences under Sections 115, 332(c), 351(2) & 352 of BNS Act, 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 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.).
8. Accordingly, the criminal writ petition stands disposed of.
9. Pending application, if any, also stands
disposed of.
(Pankaj Purohit J.)
30.04.2025 Ravi