2025:UHC:6329 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.765 of 2025 Hon’ble Pankaj Purohit, J. Mr. Jitendra Chaudhary and Mr. Abhay Ranjan, learned counsel for petitioners. 2. Mr. S.S. Chauhan, learned D.A.G. with Mr. Vikas Uniyal, learned Brief Holder for State of Uttarakhand/ respondent Nos.1 and 2. 3. Mr. Niranjan Bhatt, learned counsel submits that he has got instruction to appear on behalf of respondent No.3. 4. By means of this criminal writ petition, petitioners have put to challenge the FIR No.0309 of 2025 dated 24.06.2025, for the offences punishable under Sections 323, 498-A and 504 IPC, registered with P.S. Patel Nagar, District Dehradun. 5. 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. 6. Learned counsel for the petitioners further submits that the petitioner No.4- sister in-law of respondent No.3 (Nanad) resides in U.S.A., and therefore, she may be permitted to 2025:UHC:6329 appear before the Investigating Officer through virtual mode. 7. Since the offences under Sections 323, 498-A and 504 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 Investigating Officer shall abide by procedure given under Section 35(3) of the BNSS Act, 2023 (under Section 41A of Cr.P.C.). However, petitioner No.4-is permitted to appear before the Investigating Officer through virtual mode. It is further directed that the petitioners shall cooperate with the investigation. 8. Accordingly, the criminal writ petition stands disposed of. 9. Pending application, if any, also stands disposed of. (Pankaj Purohit, J.) 21.07.2025 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=63c75a8c4765581180a58d7478fadbe38331 bac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE06 4498483A83D84BDB0F9229D5BF08D959AC, cn=PREETI NEGI Date: 2025.07.21 16:21:55 +05'30'