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2025 DAILYLAW 8521 (UTT)

ABHISHEK SAINI AND ANOTHER v. STATE OF UTTARAKHAND

WPCRL/712/2024 · 2025-04-01

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.712 of 2024 Hon’ble Pankaj Purohit, J. Mr. Saurav Adhikari, Advocate for the petitioners. 2. Mr. K.S. Bora, A.G.A. with Mr. J.P. Kandpal, B.H. for the State. 3. By means of this writ petition, petitioners have impugned the FIR No.0197 of 2024 dated 22.06.2024, under Sections 420, 504 and 506 of IPC, registered with Police Station Nehru Colony, District Dehradun. 4. 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. 5. Since the offences under Sections 420, 504 and 506 of IPC carries a punishment maximum to seven years, therefore before resorting to any 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 the 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.) 6. Accordingly, the writ petition stands disposed-off. 7. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 01.04.2025 SK