2025:UHC:3259 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.396 of 2025 Hon’ble Pankaj Purohit, J. Mr. Zakir Ali, learned counsel for petitioners. 2. Mr. Bhasker Chandra Joshi with Ms. Sweta Badola Dobhal, learned Brief Holder for State of Uttarakhand/ respondent Nos.1 & 2. 3. By means of this criminal writ petition, petitioners have put to challenge the FIR No.0140 of 2025 dated 16.04.2025, under Sections 115, 333, 351(2) and 352 of the B.N.S. Act, registered with P.S. Bajpur, District Udham Singh Nagar. 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, 333, 351(2) and 352 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 petitioners. Hence, it is provided that before taking any coercive measures 2025:UHC:3259 against 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.) 30.04.2025 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=63c75a8c4765581180a58d7478fadbe38331bac55c78b5f9f0276c16 432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE064498483A83D84BDB0 F9229D5BF08D959AC, cn=PREETI NEGI Date: 2025.04.30 16:14:46 +05'30'