2025:UHC:6209 SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPCRL No.739 of 2025 Hon’ble Pankaj Purohit, J. Mr. Ajeet Kumar Yadav, learned counsel for petitioners. 2. Mr. Bhaskar Chandra Joshi, learned A.G.A. for State of Uttarakhand/ respondent Nos.1 to 3. 3. By means of this criminal writ petition, petitioners have put to challenge the FIR No.0028 of 2025 dated 22.01.2025, for the offences punishable under Sections 323 and 498-A IPC, registered with P.S. Mukhani, District Nainital. 4. After arguing a while, learned counsel for the petitioners has limited his argument to the extent that the Investigating 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 323 and 498-A IPC, carry 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 present petitioners, the 2025:UHC:6209 Investigating Officer shall abide by procedure given under Section 35(3) of the BNSS Act, 2023 (under Section 41A of Cr.P.C.). It is also directed that the petitioners shall cooperate with the investigation. 6. Accordingly, the criminal writ petition stands disposed of. 7. Pending application, if any, also stands disposed of. (Pankaj Purohit, J.) 17.07.2025 PN PREETI NEGI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe383 31bac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE 064498483A83D84BDB0F9229D5BF08D959AC, cn=PREETI NEGI Date: 2025.07.18 15:06:14 +05'30'