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High Court of Uttarakhand · body

2025 DAILYLAW 8730 (UTT)

ARIF ALI v. STATE OF UTTARAKHAND

WPCRL/713/2025 · 2025-07-08

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.713 of 2025 Hon’ble Pankaj Purohit, J. Mr. Gaurav Singh, Advocate for the petitioner. 2. Mr. B.C. Joshi, A.G.A. for the State. 3. By means of this writ petition, petitioner has impugned FIR No.0204 of 2025 dated 15.05.2025, under Sections 115(2) and 351(2) of B.N.S. 2023, registered at Police Station Ranipur, District Haridwar. 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 offence under Sections 115(2) and 351(2) of B.N.S. 2023 carries a punishment less than seven years, 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 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 B.N.S.S. Act, 2023 (under Section 41-A of Cr.P.C.) 6. Accordingly, the writ petition stands disposed-off. 7. Pending application, if any, stands disposed of accordingly. (Pankaj Purohit, J.) 08.07.2025 SK