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High Court of Uttarakhand · body

2025 DAILYLAW 9115 (UTT)

MOHD IKRAM v. STATE OF UTTARAKHAND

WPCRL/746/2025 · 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.746 of 2025 Hon’ble Pankaj Purohit, J. Mr. Prem Kaushal, 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.0075 of 2025 dated 30.06.2025, under Section 318(4) of B.N.S. 2023, registered at Police Station Kathgodam, District Nainital. 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 Section 318(4) of B.N.S. 2023 carries a punishment upto 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 measure 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.) 16.07.2025 SK