WPCRL/1444/2025
2025 Latest Caselaw 5538 UK

Uttarakhand High Court

WPCRL/1444/2025 on 17 November, 2025

                                                                                      2025:UHC:10175

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                              WPCRL No. 1444 of 2025

                              Hon'ble Ashish Naithani, J.

Mr. M.K. Ray and Mr. Harsh Taneja, learned counsels for the Petitioners.

2. Mr. G.C. Joshi, learned A.G.A. for the State of Uttarakhand.

3. By means of this Writ Petition, the Petitioners have prayed for the following relief:

"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned FIR dated 03.11.2025, being FIR No. 71/2025, U/s 118(1), 351(2), 352 of B.N.S, 2023 lodged at PS/Kotwali, Bageshwar, District Bageshwar."

4. 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.

5. Learned State Counsel does not oppose the submission.

6. Considering the submissions of both sides, and taking into account that the alleged offences are punishable with 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).

7. 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 2025:UHC:10175

the Bharatiya Nagarik Suraksha Sanhita, 2023.

8. 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.

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

(Ashish Naithani, J.) 17.11.2025 Shiksha SHIKSHA

DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF

2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822f

BINJOLA bd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B52 83D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.11.17 14:17:01 +05'30' 2025:UHC:10175