2025:UHC:3262 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL No.381 of 2025 Hon’ble Pankaj Purohit, J. Mr. Suhail A. Siddiqui, Advocate for the petitioner. 2. Mr. B.C. Joshi, A.G.A. for the State. 3. By means of this writ petition, petitioner has impugned FIR No.0042 of 2025 dated 09.03.2025, under Sections 115(2), 117(2), 191(2), 304(2), 351(2) and 352 of B.N.S. 2023, registered with Police Station Rajpur, 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 115(2), 117(2), 191(2), 304(2), 351(2) and 352 of B.N.S. 2023 carry a punishment less than 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 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-off. 7. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 30.04.2025 SK 2025:UHC:3262