Uttarakhand High Court
WPCRL/803/2025 on 25 July, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
2025:UHC:6564
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WPCRL No.803 of 2025
Hon'ble Pankaj Purohit, J.
Mr. Gaurav Singh, learned counsel for petitioner, appeared through video conferencing.
2. Mr. Bhaskar Chandra Joshi, learned A.G.A. for State of Uttarakhand/ respondent Nos.1 and 2.
3. By means of this criminal writ petition, petitioner has put to challenge the impugned FIR No.0401 of 2025 dated 11.07.2025, for the offences punishable under Sections 137(2), 351(2), 352, 75(1), 75(2) of the B.N.S. 2023 and under Section 7/8 of the POCSO Act, registered with P.S. Pathri, District Haridwar.
4. After arguing a while, learned counsel for the petitioner has limited his argument to the extent that the Investigating Agency should comply with the guidelines given in Arnesh Kumar Vs. State of Bihar and Another reported in (2014) 8 SCC 273.
5. Since the offences under Sections 137(2), 351(2), 352, 75(1), 75(2) of the B.N.S. 2023 and under Section 7/8 of the POCSO Act, carry a punishment maximum to seven years, therefore, before resorting to any arrest a prior notice under Section 35(3) of the 2025:UHC:6564 B.N.S.S., 2023 (under Section 41A of Cr.P.C.) is necessary to be issued to the petitioner. Hence, it is provided that before taking any coercive measures against present petitioner, the Investigating Officer shall abide by procedure given under Section 35(3) of the BNSS Act, 2023 (under Section 41A of Cr.P.C.). It is also directed that the petitioner shall cooperate with the investigation.
6. Accordingly, the criminal writ petition stands disposed of.
7. Pending application, if any, also stands disposed of.
(Pankaj Purohit, J.) 25.07.2025 PN PREETI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe3833 1bac55c78b5f9f0276c16432f6aab, NEGI postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE0 64498483A83D84BDB0F9229D5BF08D959AC, cn=PREETI NEGI Date: 2025.07.25 15:05:59 +05'30'