2026:UHC:477 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.112 of 2026 Hon’ble Pankaj Purohit, J. Ms. Arushi Batra, learned counsel for petitioners. 2. Mr. Vikas Uniyal, learned Brief Holder for State of Uttarakhand/ respondent Nos.1 and 2. 3. By means of this criminal writ petition, petitioners have put to challenge the FIR No.481 of 2025 dated 26.12.2025, for the offences punishable under Section 318(4) of BNS, registered with P.S. Kotwali Roorkee, District Haridwar and further prayed for a direction to respondent Nos.1 and 2 not to harass and arrest them in pursuant to the aforesaid FIR. 4. After arguing a while, learned counsel for the petitioners has limited her 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. 5. Since the offences under Section 318(4) of BNS, 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 2026:UHC:477 petitioners. Hence, it is provided that before taking any coercive measures against the petitioners, 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 petitioners shall cooperate with the investigation. 6. Accordingly, the criminal writ petition stands disposed of. 7. Pending application, if any, also stands disposed of. (Pankaj Purohit, J.) 10.01.2026 PN