Extracted from the PDF above. The PDF is authoritative.
SL. No. Dat e Of f ice Not es, report s, or ders or proceedin gs or direct ion s an d Regist rar’s
order w it h Sign at u res COURT’S OR JUDGE’S ORDERS
WPCRL No.101 of 2026 Hon’ble Pankaj Purohit, J.
Mr. Bharat Singh, learned counsel for the petitioner.
2. Mr. S.S. Chauhan, learned Dy.A.G. for the State.
3. By means of this writ petition, petitioner has impugned the FIR dated 02.01.2026 being FIR No.05 of 2026 lodged under Sections 115(2), 351(3) of BNS, registered at P.S. Rishikesh, 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. Learned State Counsel has also agreed to this argument.
5. Since the offences alleged against petitioner 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.)
10.01.2026 R.Dang