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High Court of Uttarakhand · body

2025 DAILYLAW 6802 (UTT)

MANJINDER SINGH ALIAS SUNNY ALIAS MANVINDER SINGH v. STATE OF UTTARAKHAND

WPCRL/493/2025 · 2025-05-21

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.493 of 2025 Hon’ble Pankaj Purohit, J. Mr. Prince Chauhan, Advocate for the petitioner. 2. Mr. S.C. Dumka, A.G.A. with Ms. S.B. Dobhal, B.H. for the State. 3. By means of this writ petition, petitioner has impugned FIR No.0117 of 2025 dated 06.05.2025, under Sections 351(2) and 352 of B.N.S. 2023, registered with Police Station Kunda, District U.S. 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 offence under Sections 351(2) and 352 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 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.) 21.05.2025 SK