LAKHWINDER SINGH ALIAS NIKKU v. STATE OF UTTARAKHAND
WPCRL/718/2025 · 2025-07-09
Pankaj Purohit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8781 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8781 (UTT) · dailylaw.ai ]
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.718 of 2025 Hon’ble Pankaj Purohit, J.
Mr. R.C. Tamta, 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.0203 of 2025 dated 28.06.2025, under Sections 106(1) and 281 of B.N.S. 2023, registered at Police Station Sitarganj, District Udham Singh Nagar.
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 106(1) and 281 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.)
09.07.2025 SK