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 JUDGES’S ORDERS
2026:UHC:554
WPCRL No. 123 of 2026 Hon ’ble Ash ish Nait han i, J. Mr. Nagesh Aggarwal, learned counsel for the Petitioners through video conferencing.
2. Mr. S.C. Dumka, learned A.G.A. for the State of Uttarakhand.
3. By means of this Writ Petition, Petitioner has challenged the impugned FIR No. 0248/2025, for the offence punishable under Section 420 of IPC, registered at Police Station Doiwala, 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 Petitioners, 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.
( Ash ish Nait h an i, J.)
Vacation Judge
15.01.2026 Shiksha