WPCRL/1644/2025
2025 Latest Caselaw 6008 UK

Uttarakhand High Court

WPCRL/1644/2025 on 10 December, 2025

                                                                                       2025:UHC:10985
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                              WPCRL No. 1644 of 2025

                              Hon'ble Ashish Naithani, J.

Mr. Parikshit Saini, learned counsel for the Petitioners.

2. Mr. S.S. Chauhan, learned Deputy Advocate General assisted by Mr. Vikash Uniyal, learned counsel for the State of Uttarakhand.

3. Ms. Radha Arya, learned counsel for Respondent No. 3.

4. By means of this Writ Petition, the Petitioners have prayed for the following reliefs:

"(i) Issue a Writ, Order or Direction in the nature of Certiorari quashing the impugned FIR of Case Crime No. 0582 of 2025, under Sections 3 and 4 of the Dowry Prohibition Act, 1961 along with Sections 498-A, 323, 504 and 506 IPC lodged by Respondent No. 3 at Police Station SIDCUL, District Haridwar.

(ii) Issue a Writ, Order or Direction in the nature of Mandamus to Respondent No. 1 and 2 to follow the procedure of law as laid down in 35(1)(a) and 35(3) of B.N.S.S. 2023 forthwith.

(iii) Issue a Writ, Order or Direction in the nature of Mandamus commanding the respondent No. 1 and 2 not to harass the Petitioners in view of the impugned FIR till the collection of any credible evidence against the Petitioners and till the filing of the charge sheet."

5. Learned counsel for the Petitioners confines his submission to the limited extent that the Investigating Agency may be directed to adhere to the guidelines laid down by the Hon'ble Supreme Court in Arnesh Kumar vs. State of Bihar & Another, (2014) 8 SCC 273, and that the matter be considered in light of the said judgment.

6. Learned State Counsel does not oppose the submission.

7. Considering the submissions of both sides, and taking into account that the alleged offences are punishable with 2025:UHC:10985 imprisonment up to seven years, it is directed that before resorting to arrest, the Investigating Officer shall issue prior notice to the Petitioners under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 41A of the Code of Criminal Procedure, 1973).

8. Accordingly, it is provided that before taking any coercive measures against the Petitioners, the Investigating Officer shall strictly adhere to the procedure prescribed under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

9. Accordingly, the Writ Petition stands disposed of in terms of the guidelines laid down in Arnesh Kumar (supra), and the Investigating Officer shall adhere to the mandate of Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

10. Pending application(s), if any, also stand disposed of.

(Ashish Naithani, J.) 10.12.2025 Shiksha 2025:UHC:10985