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. 620 of 2025 Hon’ble Pankaj Purohit, J. Mr. G.D. Joshi, learned counsel for the petitioner. 2. Mr. B.C. Joshi, learned A.G.A. for the State. 3. Present criminal writ petition under Article 226 of the Constitution of India has been preferred by the petitioner to quash the FIR No.0147 of 2025 dated 28.05.2025, lodged under Sections 318(4) and 61(2) BNS registered at P.S. Banbhulpura, Haldwani, District Nainital. 4. Learned counsel for the petitioner has confined his argument solely to the point that the investigating agency should adhere to the guidelines issued by the Supreme Court in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273. 5. Since the offences alleged carry a maximum punishment of up to seven years, the police cannot arrest the petitioners immediately; that, instead, as per Section 35(3) of the B.N.S.S. (which is the updated version of Section 41A of the CrPC), the police must first issue a notice of appearance to the petitioners before making any arrest. Hence, the Investigating Officer must follow the proper procedure under Section 35(3) BNSS, 2023 before taking any coercive action (such as arrest) against the petitioner. 6. Accordingly, the writ petition stands disposed of. 7. Pending applications, if any, stand disposed of accordingly. (Pankaj Purohit, J.) 18.06.2025 Mamta