TILAK RAJ CHHABRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this writ petition, petitioners have impugned FIR No.0635 of 2024 dtd. 27/12/2024, under Ss. 318(4), 351(2) and 352 of B.N.S. 2023, registered with Police Station Rudrapur, District Udham Singh Nagar.

(2.) 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.

(3.) Since the offences carries a punishment maximum to seven years, therefore, before resorting to any arrest a prior notice under Sec. 35(3) of the B.N.S.S., 2023 (under Sec. 41A of Cr.P.C.) is necessary to be issued to the petitioners. Hence, it is provided that before taking any coercive measure against the petitioners, the Investigating Officer shall abide by procedure given under Sec. 35(3) of the BNSS Act, 2023 (under Sec. 41A of Cr.P.C.)