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.709 of 2025 Hon’ble Pankaj Purohit, J.
Mr. Avidit Noliyal, learned counsel for the petitioner.
2. Mr. S.S. Chauhan, learned Dy.A.G. for the State.
3. By means of this writ petition, petitioner has impugned the FIR No.0112 of 2025 dated 11.04.2025 lodged under Section 135 of the Electricity Act, 2003, P.S. Jaspur, Distt. Udham Singh Nagar (appended as annexure No.1 to this writ petition).
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 the offences under Section 135 of the Electricity Act, 2003 carries a punishment maximum to seven years, therefore before resorting to any arrest, 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 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 BNSS Act, 2023 (under Section 41A of Cr.P.C.)
6. Accordingly, the writ petition stands disposed of.
7. Pending application, if any, stands disposed of accordingly.
(Pankaj Purohit, J.)
07.07.2025 Ravi