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.587 of 2025 Hon’ble Pankaj Purohit, J.
Mr. Rajat Mittal, Advocate for the petitioners.
2. Ms. S.C. Dumka, A.G.A. for the State.
3. By means of this writ petition, petitioners have impugned FIR No.0260 of 2025 dated 27.05.2025, under Sections 323, 377, 498-A, 504 and 506 of IPC, registered with Police Station SIDCUL, District Haridwar.
4. It is contended by counsel for the petitioners that petitioners before this Court in present writ petition are father in-law, mother in-law and sisters in-law against whom no allegations under Section 377 of IPC have been made; barring that section all other sections are punishable for less than seven years.
5. Learned counsel for the petitioners 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.
6. Since offence under Sections 323, 498-A, 504 and 506 of IPC, carries a punishment upto seven years, except Section 377, 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 petitioners. Hence, it is provided that before taking any coercive measures against the petitioners, 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.)
7. Accordingly, the writ petition stands disposed-off.
8. Pending application, if any, stands disposed of accordingly.
(Pankaj Purohit, J.)
16.06.2025 SK