2026:UHC:199 S L. N o. D a t e Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPCRL No. 16 of 2026 Hon’ble Ashish Naithani, J. Mr. Aditya Pratap Singh, learned counsel for the Petitioner. 2. Ms. Pushpa Bhatt, learned Deputy A.G. assisted by Mr. B.C. Joshi, learned A.G.A. for the State of Uttarakhand. 3. By means of this Writ Petition, Petitioner has challenged the impugned FIR No. 0396 of 2025 dated 22.11.2025, lodged under Sections 120-B, 406, 420, 504 and 506 of IPC, registered at Police Station Nehru Colony, District 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 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 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 Bharatiya Nagarik Suraksha Sanhita, 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. (Ashish Naithani, J.) 06.01.2026 Shiksha SHIKSHA BINJOLA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE29BD F5DD9, cn=SHIKSHA BINJOLA Date: 2026.01.06 16:35:47 +05'30'