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2026 DAILYLAW 646 (UTT)

TILAK SINGH NEGI ALIAS RAJA v. STATE OF UTTARAKHAND

WPCRL/34/2026 · 2026-01-07

Ashish Naithani

body2026

Judgment text

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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. 34 of 2026 Hon’ble Ashish Naithani, J. Mr. Jai Karishna Pandey, learned counsel for the Petitioner. 2. Mrs. Pushpa Bhatt, learned Additional Advocate General 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. 0281 of 2025 dated 21.08.2025, lodged under Sections 115(2), 137(2), 191(2), 303(2), 308(2), 333, 351(2), 351(3) and 352 of B.N.S., 2023, registered at Police Station Haldwani, District Nainital. 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.) 07.01.2026 Shiksha