WPCRL/1802/2025
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Uttarakhand High Court

WPCRL/1802/2025 on 2 January, 2026

                                                                                       2026:UHC:6

             Office Notes,
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                              WPCRL No. 1802 of 2025

                              Hon'ble Ashish Naithani, J.

Mr. Rishabh Bisht, 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. 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 First Information Report No. 0758 of 2025, dated 27.12.2025, for the offence punishable under Sections 115(2), 191(2), 351(2), 352 of B.N.S., 2023, registered at Police Station Kotwali- Jwalapur, District Haridwar, Uttarakhand.

(ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent no. 1 and 2 not to harass and arrest the petitioners in view of the impugned First Information Report No. 0758 of 2025, dated 27.12.2025, offence under Sections 115(2), 191(2), 351(2), 352 of B.N.S., 2023, registered at Police Station Kotwali-

Jwalapur, District Haridwar, Uttarakhand ."

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 2026:UHC:6

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.) 02.01.2026 Shiksha 2026:UHC:6