2025:UHC:6563 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.772 of 2025 Hon’ble Pankaj Purohit, J. Mr. Rishab Ranghar, learned counsel for petitioner. 2. Mr. S.S. Chauhan, learned D.A.G. with Mr. Vikas Uniyal, learned Brief Holder for the State of Uttarakhand/ respondent Nos.1 and 2. 3. Mr. Anand Singh, learned counsel holding brief of Mr. Shubhr Rastogi, learned counsel, who has got instruction to appear on behalf of respondent No.3. 4. By means of this criminal writ petition, petitioner has put to challenge the impugned FIR No.0106 of 2025 dated 01.04.2025, for the offences punishable under Sections 316(2), 351(2) and 352 of B.N.S. 2023, registered with P.S. Raipur, District Dehradun. 5. After arguing a while, learned counsel for the petitioner 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. Since the offences under Sections Sections 316(2), 351(2) and 352 of B.N.S. 2023, carry a punishment maximum to seven years, therefore, 2025:UHC:6563 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 petitioner. Hence, it is provided that before taking any coercive measures against present petitioner, the 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 petitioner shall cooperate with the investigation. 7. Accordingly, the criminal writ petition stands disposed of. 8. Pending application, if any, also stands disposed of. (Pankaj Purohit, J.) 25.07.2025 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=63c75a8c4765581180a58d7478fadbe 38331bac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81 FAE064498483A83D84BDB0F9229D5BF08D959 AC, cn=PREETI NEGI Date: 2025.07.25 15:05:40 +05'30'