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Judgment
By means of this criminal writ petition, petitioner has put to challenge the FIR dated 28.05.2025 bearing FIR No.0258 of 2025 lodged for the offences punishable under Sections 318(4) and 61(2) of the B.N.S. 2023, registered with P.S. Rishikesh, District Dehradun.
After arguing a while, learned counsel for the petitioner limited his argument to the extent that the Investigating Agency should comply with the guidelines formulated in “Arnesh Kumar Vs. State of Bihar and Another” reported in (2014) 8 SCC 273. He further submits that co-accused was also granted interim protection by the coordinate Bench in WPCRL No.726 of 2025 on 10.07.2025.
Since the offences under Sections 318(4) and 61(2) of the B.N.S. 2023, carry a punishment maximum to seven years, therefore, before resorting to any arrest a prior notice under Section 35(3) of the 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 the procedure in terms of 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.
Accordingly, the instant criminal writ petition stands disposed of.
Pending application, if any, also stands disposed of.