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.470 of 2025 Hon’ble Pankaj Purohit, J.
Mr. Yogesh Kumar Sharma, Advocate for the petitioner.
2. Mr. Vipul Painuli, A.G.A. for the State.
3. By means of this writ petition, petitioner has impugned FIR No.0309 of 2024 dated 29.08.2024, under Sections120-B, 420 and 66-D of IPC registered with Police Station Haldwani, District Nainital.
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 offence under Sections120-B, 420 and 66-D of IPC 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 41-A 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 41-A of Cr.P.C.)
6. Accordingly, the writ petition stands disposed-off.
7. Pending application, if any, stands disposed of accordingly.
(Pankaj Purohit, J.)
16.05.2025 SK