2025:UHC:4421 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.517 of 2025 Hon’ble Pankaj Purohit, J. Mr. M.S. Pal, learned senior counsel assisted by Mr. Shivam Singh, learned counsel for petitioners. 2. Mr. S.C. Dumka, learned A.G.A. with Ms. Sweta Badola Dobhal, learned Brief Holder for State of Uttarakhand/ respondent Nos.1 and 2. 3. Mr. Sudhir Kumar, learned counsel for respondent No.3/Caveator. 4. By means of this criminal writ petition, petitioners have put to challenge the FIR No.0140 of 2025 dated 12.05.2025, for the offence punishable under Sections 190, 191(2), 191(3), 131, 308(4), 351(2) and 352 of the B.N.S. Act, 2023, registered with P.S. Ram Nagar, District Nainital. 5. After arguing a while, learned senior counsel for the petitioners has limited his argument to the extent that the Investigating 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 190, 191(2), 191(3), 131, 308(4), 351(2) and 352 of the B.N.S. Act, 2023, carry a punishment maximum to seven years, therefore, before resorting to any 2025:UHC:4421 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 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.) 03.06.2025 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=63c75a8c4765581180a58d7478fadbe38331bac55c78b 5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE064498483A 83D84BDB0F9229D5BF08D959AC, cn=PREETI NEGI Date: 2025.06.03 15:59:35 +05'30'