2025:UHC:3620 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.426 of 2025 Hon’ble Pankaj Purohit, J. Mr. Mohd. Safdar, learned counsel holding brief of Mr. Matloob Rawat, learned counsel for petitioner. 2. Mr. Bhasker Chandra Joshi, learned A.G.A. with Ms. Sweta Badola Dobhal, learned Brief Holder for the State of Uttarakhand. 3. By means of this criminal writ petition, petitioner has put to challenge the FIR No.0093 of 2024 dated 26.10.2024, for the offences punishable under Section 75 of the B.N.S. Act, 2023, and under Section 66E of the Information Technology (Amendment) Act, 2008, registered with P.S. Buggawala, District Haridwar. 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 Section 75 of the B.N.S. Act, 2023, and under Section 66E of the Information Technology (Amendment) Act, 2008, carry a punishment maximum to seven years, therefore, before resorting to any arrest a prior notice under Section 2025:UHC:3620 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 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.) 08.05.2025 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=2BA53171893B3C3CB3CCCAE81FAE064498483A83D84BDB0F9229D5BF08D959AC, cn=PREETI NEGI Date: 2025.05.08 16:26:17 +05'30'