2025:UHC:3488 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.428 of 2025 Hon’ble Pankaj Purohit, J. Mr. Vaibhav Singh Chauhan, learned counsel for petitioners. 2. Mr. Bhasker Chandra Joshi, learned A.G.A. for the State of Uttarakhand/ respondent Nos.1 to 3. 3. Mr. Tapan Singh, learned counsel for respondent No.4/Caveator. 4. By means of this criminal writ petition, petitioners have put to challenge the FIR No.394 of 2025 dated 06.04.2025, for the offences punishable under Sections 420, 504 and 506 of IPC, registered with P.S. Kankhal, District Haridwar. 5. 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. 6. Since the offences under Sections 420, 504 and 506 of IPC, 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 2025:UHC:3488 measures 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.). 7. Accordingly, the criminal writ petition stands disposed of. 8. Pending application, if any, also stands disposed of. (Pankaj Purohit, J.) 06.05.2025 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: 2025.05.06 15:40:03 +05'30'