2025:UHC:3210 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.383 of 2025 Hon’ble Pankaj Purohit, J. Mr. Mohit Kumar Kashyap, learned counsel for petitioner. 2. Mr. S.C. Dumka, learned A.G.A. with Ms. Sweta Badola Dobhal, learned Brief Holder for State of Uttarakhand/ respondent Nos.1 & 2. 3. By means of this criminal writ petition, petitioner has put to challenge the FIR No.126 of 2025 dated 20.04.2025, under Sections 115, 318(4), 351(2) and 74 of the B.N.S. Act, registered with P.S. Jaspur, District Udham Singh Nagar. 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, 318(4), 351(2) and 74 of the B.N.S. 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 petitioner. Hence, it is provided that before taking any coercive measures 2025:UHC:3210 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.) 29.04.2025 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=2BA53171893B3C3CB3CCCAE81FAE064498483A83D84BDB0F9229D5BF08D 959AC, cn=PREETI NEGI Date: 2025.04.29 16:45:17 +05'30'