2025:UHC:6916 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.859 of 2025 Hon’ble Pankaj Purohit, J. Mr. Sanjeev Singh, learned counsel for the petitioner. 2. Mr. Bhaskar Chandra Joshi, learned A.G.A. for the State of Uttarakhand/ respondent No.1. 3. Mr. Girish Chandra Lakhchaura, learned counsel for respondent No.2, appeared through video conferencing. 4. By means of this criminal writ petition, petitioner has put to challenged the impugned FIR No.0043 of 2025 dated 22.07.2025, for the offences punishable under Sections 115, 117, 351(2), 351(3) and 352 of BNS 2023, registered with P.S. Tallital, District Nainital and further sought the indulgence of this Court for a direction to respondent No.1 to comply the provisions contained under Section 35(3) of BNSS 2023, before affecting the arrest of the petitioners in pursuance to the aforesaid FIR. 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. 2025:UHC:6916 6. Since the offences under Sections 115, 117, 351(2), 351(3) and 352 of BNS 2023, 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 petitioner. Hence, it is provided that before taking any coercive measures against present petitioner, 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.) 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=63c75a8c4765581180a58d7478fadbe38331bac55c78b5f9f0276c 16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE064498483A83D84BD B0F9229D5BF08D959AC, cn=PREETI NEGI Date: 2025.08.07 16:01:38 +05'30'