2026:UHC:462 S L. N o. D a t 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. 44 of 2026 Hon ’ble Ash ish Nait h an i, J. Mr. Hitesh Chandra Sanwal, learned counsel for the Petitioner. 2. Mr. G.C. Joshi, learned A.G.A. assisted by Mr. Rakesh Negi, learned Brief Holder for the State of Uttarakhand. 3. By means of this Writ Petition, Petitioner has challenged the impugned FIR No. 0080 of 2025, for the offence punishable under Sections 303(2) and 324(4) of B.N.S., 2023, registered at Police Station Dalanwala, 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. ( Ash ish Nait h an i, J.) 0 9 .0 1 .2 0 2 6 Shiksha 2026:UHC:462