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High Court of Uttarakhand · body

2025 DAILYLAW 9067 (UTT)

PRAKASH BHATNAGAR AND ORS v. STATE OF UTTARAKHAND

WPCRL/744/2025 · 2025-07-16

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.744 of 2025 Hon’ble Pankaj Purohit, J. Ms. Ruhani Suhani, Advocate for the petitioners. 2. Mr. B.C. Joshi, A.G.A. for the State. 3. By means of this writ petition, petitioners have impugned FIR No.0074 of 2025 dated 17.05.2025, under Sections 115(2), 352 of B.N.S. 2023 and Section 3/4 of Dowry Prohibition Act, 1961, registered at Police Station Cantt, District Dehradun. 4. Learned counsel for the petitioners has limited her 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), 352 of B.N.S. 2023 and Section 3/4 of Dowry Prohibition Act, 1961 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 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 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.) 16.07.2025 SK