2025:UHC:2918 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.358 of 2025 Hon’ble Pankaj Purohit, J. Mr. Bhupesh Kandpal, learned counsel for petitioners. 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/ respondent Nos.1 to 3. 3. By means of this criminal writ petition, petitioners have put to challenge the impugned FIR No.102 of 2025 dated 18.04.2025, under Sections 115, 191(2), 324(2), 332(c), 351(2) and 352 of the B.N.S. Act, 2023, registered with P.S. Doiwala, District Dehradun. 4. Learned 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. 5. Since the offences under Sections 115, 191(2), 324(2), 332(c), 351(2) and 352 of the B.N.S. Act, 2023, 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 2025:UHC:2918 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.). 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=63c75a8c4765581180a58d7478fadbe38331bac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE064498483A83D84BDB0F9229D5BF08D959AC, cn=PREETI NEGI Date: 2025.04.23 15:29:00 +05'30'