2025:UHC:2981 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.344 of 2025 Hon’ble Pankaj Purohit, J. Mr. Yogesh Pant, learned counsel and Ms. Archita Badoni, learned counsel (through V.C.), for petitioner. 2. Mr. Bhaskar Chandra Joshi and Mr. S.C. Dumka, learned A.G.A. with Ms. Sweta Badola Dobhal, learned Brief Holder for the State of Uttarakhand/ respondent Nos.1 & 2. 3. By means of this criminal writ petition, petitioner has put to challenge the impugned FIR No.73 of 2025 dated 25.02.2025, for the offences punishable under Sections 120-B, 420, 504 and 506 IPC, registered with P.S. Kotwali Dehradun, District Dehradun. 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 120-B, 420, 504 and 506 IPC, 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:2981 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.) 24.04.2025 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=63c75a8c4765581180a58d7478fadbe38331 bac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE0 64498483A83D84BDB0F9229D5BF08D959AC, cn=PREETI NEGI Date: 2025.04.24 15:24:57 +05'30'