WPCRL/1514/2025
2025 Latest Caselaw 5710 UK

Uttarakhand High Court

WPCRL/1514/2025 on 21 November, 2025

                                                                                      2025:UHC:10411

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                              WPCRL No. 1514 of 2025

                              Hon'ble Ashish Naithani, J.

Mr. Gaurav Singh, learned counsel for the Petitioners through video conferencing.

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 impugned First Information Report lodged by the respondent No. 3 on 12.11.2025 against the petitioners which has been registered as FIR/Case Crime No. 0561 of 2025 for the alleged offences punishable under Section 115, 190, 191(2), 191(3), 324(4), 351(3), 352 of the Bharatiya Nyaya Sanhita, 2023 Police Station Gangnahar, District Haridwar.

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 and 2 not to arrest the petitioners and not to take any coercive measure against them in pursuance to the impugned First Information Report lodged by the respondent No. 3 on 12.11.2025 against the petitioners which has been registered as FIR/Case Crime No. 0561 of 2025 for the alleged offences punishable under Section 115, 190, 191(2), 191(3), 324(4), 351(3), 352 of the Bharatiya Nyaya Sanhita, 2023 Police Station Gangnahar, District Haridwar."

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.

2025:UHC:10411

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 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.) 21.11.2025 Shiksha

SHIKSHA BINJOLA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3410ef86ae41ec9fbabcd5dba6b3a2c24b5aa08b09c12f21822fbd40bf639b1c, postalCode=263001, st=UTTARAKHAND, serialNumber=FD80A2D028949381C52796A542D7FF0A9BED00E67B5283D205F18FE29BDF5DD9, cn=SHIKSHA BINJOLA Date: 2025.11.21 14:44:14 +05'30' 2025:UHC:10411