Uttarakhand High Court
WPCRL/779/2025 on 30 July, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
Office Notes,
reports, orders
or proceedings
SL. No. Date or directions COURT'S OR JUDGE'S ORDERS
and Registrar's
order with
Signatures
WPCRL No.779 of 2025
Hon'ble Pankaj Purohit, J.
Mr. V.P. Bahuguna, learned counsel for the
petitioners.
2. Mr. B.C. Joshi, learned AGA for the State.
3. Mr. Alok Kumar, learned counsel put in appearance
on behalf of respondent no.3.
3. By means of this writ petition, petitioners have
impugned the FIR No.297 of 2025 dated 18.06.2025,
lodged under Sections 3 & 4 of the Dowry Prohibition
Act, and Sections 323, 498-A and 504 IPC, registered at
P.S. Patel Nagar, District Dehradun.
4. 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.
5. Since the aforesaid offences carry a punishment
maximum to seven years, therefore before resorting to
any arrest, 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 petitioners. Hence, it is
provided that before taking any coercive measures
against the petitioners, the Investigating Officer shall
abide by procedure given under Section 35(3) of the
BNSS Act, 2023 (under Section 41A of Cr.P.C.)
6. Accordingly, the writ petition stands disposed of.
7. Pending application, if any, stands disposed of
accordingly.
(Pankaj Purohit, J.)
30.07.2025
AK
