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High Court of Uttarakhand · body

2025 DAILYLAW 6296 (UTT)

MANGAT SINGH ALIAS MANGU v. STATE OF UTTARAKHAND

WPCRL/443/2025 · 2025-05-08

Pankaj Purohit

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

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.443 of 2025 Hon’ble Pankaj Purohit, J. Mr. Mani Kumar, 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.0094 of 2025 dated 10.04.2025, under Section 137(2) of B.N.S. registered with Police Station Gadapur, 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 offence under Section 137(2) of B.N.S. 2023 carries 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 B.N.S.S. 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.) 08.05.2025 SK