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2026 DAILYLAW 1063 (UTT)

PROMILA DEVI ALIAS PROMILA KOHLI v. STATE OF UTTARAKHAND

WPCRL/7/2026 · 2026-01-07

Ashish Naithani

body2026

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 2026:UHC:267 WPCRL No.07 of 2026 Hon’ble Ashish Naithani, J. Mr. Prashant Khanna, learned counsel for the Petitioners appearing through V.C. 2. Mr. S.S. Chauhan, learned Deputy Advocate General assisted by Mr. Vikas Uniyal, learned Brief Holder for the State. 3. By means of this writ petition, petitioners have sought direction in the nature of certiorari calling for the records and quashing the first information report bearing Case Crime/FIR No.351 of 2024 dated 22.11.2024 under Sections 406 & 420 of IPC registered at P.S. Vikasnagar, District Dehradun. 4. Learned counsel for the petitioners 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 aforesaid offences carry a punishment maximum to seven years, therefore, before resorting to any arrest, prior notice under Section 35 (3) of the Bharatiya Nagarik Suraksha Sanhita, 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 the Petitioner, the Investigating Officer shall abide by procedure given under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (under Section 41A of Cr.P.C.). 6. Accordingly, the criminal writ petition stands disposed of. 7. Pending application, if any, stands disposed of accordingly. (Ashish Naithani, J.) 07.01.2026 Arti ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH Date: 2026.01.09 14:23:44 +05'30'