WPCRL/1256/2025
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Uttarakhand High Court

WPCRL/1256/2025 on 21 November, 2025

                                                                                      2025:UHC:10410

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                              WPCRL No. 1256 of 2025

                              Hon'ble Ashish Naithani, J.

Mr. Bilal Ahmed, 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, the Petitioners have prayed for the following relief:

"(i) Issue a writ order or direction in the nature of Certiorari quashing the Case Crime No. 144/2025, arising out of Case Crime No. 144/2025 under Section 115(2), 191(3), 351(3), 352 of B.N.S., 2023 and Section 3(1) (r), 3(1) (s) of SC/ST Act, 1989 Police Station Dalanwala, District Dehradun.

(ii) Issue a writ order or direction in the nature of mandamus commanding the respondents not to arrest the petitioners in Case Crime No. 144/2025 under Section 115(2), 191(3), 351(3), 352 of B.N.S., 2023 and Section 3(1) (r), 3(1) (s) of SC/ST Act, 1989 Police Station Dalanwala, District Dehradun."

4. A short affidavit has been filed by the State, wherein it is stated that, in the present matter, the offences under the SC/ST Act have been dropped/eliminated.

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:10410

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.) 21.11.2025 Shiksha SHIKSHA Digitally signed by SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND,

BINJOLA serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE29BDF5DD 9, cn=SHIKSHA BINJOLA Date: 2025.11.21 14:43:50 +05'30' 2025:UHC:10410