GOPAL CHAND RAWAL AND OTHERS v. STATE OF UTTARAKHAND
WPCRL/829/2024 · 2025-06-18
Pankaj Purohit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9599 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9599 (UTT) · dailylaw.ai ]
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.829 of 2024 Hon’ble Pankaj Purohit, J.
Mr. Priyanshu Gairola, learned counsel for the petitioners.
2. Mr. S.S. Chauhan, learned Dy.A.G. for the State.
3. By means of this writ petition, petitioner has impugned the FIR No.0139 of 2024 dated 16.06.2024 lodged under Sections 323, 504 and 506 IPC registered at P.S. Rajpur, Distt. Dehradun.
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 the offences under Sections 323, 504 and 506 IPC carries a punishment maximum to seven years, therefore before resorting to any arrest, 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 the 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.)
6. Accordingly, the writ petition stands disposed of.
7. Pending application, if any, stands disposed of accordingly.
(Pankaj Purohit, J.)
18.06.2025 R.Dang