2026:UHC:364 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. 68 of 2026 Hon’ble Ashish Naithani, J. Mr. Yogesh Upadhayay, learned counsel for the Petitioners. 2. Mr. S.S. Chauhan, learned Deputy Advocate General assisted by Mr. Vikash Uniyal, learned Brief Holder for the State of Uttarakhand. 3. By means of this Writ Petition, Petitioners have challenged the impugned FIR No. 526 of 2025 dated 31.12.2025, for the offence punishable under Sections 318, 351(3) and 352 of B.N.S., 2023, registered at Police Station Kashipur, District Udham Singh Nagar. 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. (Ashish Naithani, J.) 08.01.2026 Shiksha 2026:UHC:364