2025:UHC:6915 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.828 of 2025 Hon’ble Pankaj Purohit, J. Mr. Gaurav Singh, learned counsel for the petitioners. 2. Mr. Bhaskar Chandra Joshi, learned A.G.A. for the State of Uttarakhand/ respondent Nos.1 and 2. 3. By means of this criminal writ petition, petitioners have sought the indulgence of this Court for a direction to respondent Nos.1 and 2 to comply the provisions contained under Section 35(4) of BNSS 2023, before affecting the arrest of the petitioners in pursuance to the first information report lodged by respondent No.3 on 13.05.2025, which was registered as FIR No.0144 of 2025, for the offences punishable under Section 420 IPC, registered with P.S. Ram Nagar, District Nainital. 4. 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. 5. Since the offences under Section 420 IPC, carry a punishment maximum to seven years, therefore, before 2025:UHC:6915 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.). It is also directed that the petitioners shall cooperate with the investigation. 6. Accordingly, the criminal writ petition stands disposed of. 7. Pending application, if any, also stands disposed of. (Pankaj Purohit, J.) 07.08.2025 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=63c75a8c4765581180a58d7478fadbe38331bac55c78b5f9f0276c16432f 6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE064498483A83D84BDB0F922 9D5BF08D959AC, cn=PREETI NEGI Date: 2025.08.07 15:59:53 +05'30'