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2025 DAILYLAW 5863 (UTT)

DHARA SINGH v. STATE OF UTTARAKHAND

WPCRL/393/2025 · 2025-04-30

Pankaj Purohit

body2025

Judgment text

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2025:UHC:3261 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.393 of 2025 Hon’ble Pankaj Purohit, J. Ms. Neeti Rana, 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 the FIR No.0059 of 2025 dated 20.02.2025, under Sections 351(2), 352 and 79 of B.N.S. 2023, registered with Police Station Raipur, District Dehradun. 4. Learned counsel for the petitioner has limited her 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 351(2), 352 and 79 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