Uttarakhand High Court

WPCRL/580/2025 on 9 June, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

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                                      WPCRL No.580 of 2025
                                      Hon'ble Pankaj Purohit, J.

Mr. Vikas Bahuguna, Advocate for the petitioners.

2. Ms. S.B. Dobhal, B.H. for the State.

3. After arguing for a substantial length, counsel for the petitioners submitted that the matter is covered by the judgment of Arnesh Kumar and the same relief be granted to him.

4. By means of this writ petition, petitioners have impugned FIR No.0323 of 2024 dated 15.05.2024, under Sections 120-B, 420, 467, 468 and 471 of IPC, registered with Police Station Kotwali Roorkee, District Haridwar.

5. 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.

6. Since offence under Sections 120-B, 420, 467, 468 and 471 of IPC, carries a punishment upto seven years, therefore before resorting to any arrest, a prior notice under Section 35(3) of the B.N.S.S., 2023 (under Section 41-A 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 B.N.S.S. Act, 2023 (under Section 41-A of Cr.P.C.)

7. Accordingly, the writ petition stands disposed-off.

8. Pending application, if any, stands disposed of accordingly.

(Pankaj Purohit, J.) 09.06.2025 SK