Disposed

Mudassir and Ors. v. State of Uttarakhand

Uttarakhand HC6 Nov 2025WPCRL/1364/2025

Case brief

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What is this about?

Writ petition challenging FIR under IPC and Dowry Prohibition Act provisions; counsel sought compliance with Arnesh Kumar arrest guidelines. Court directed that prior notice under Section 35(3) BNSS be issued before any coercive measures and disposed of the petition.

What did the court decide?

Direction that Investigating Officer issue notice under Section 35(3) BNSS / Section 41A CrPC and abide by that procedure before coercive measures.

Mudassir and Ors. Vs State of Uttarakhand — Dowry and Cruelty | Uttarakhand HC (2025)

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SL. No.	Date	Office Notes, reports, orders or proceedings or directions and Registrar’s order with	COURT’S OR JUDGE’S ORDERS
		Signatures	WPCRL No.1364 of 2025 Hon’ble Pankaj Purohit, J. Mr. Subhash Chand Burman, learned counsel for the petitioners. 2. Mr. Rakesh Negi, learned Brief Holder for the State. 3. By means of this writ petition, petitioners have impugned the FIR No.450 of 2025 dated 29.08.2025, lodged under Sections 323, 498-A, 504 & 506 IPC and Section 3/4 of the Dowry Prohibition Act, registered at P.S. Kotwali, Jwalapur, District Haridwar. 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 offence 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.) 06.11.2025 AK

Mudassir and Ors. v. State of Uttarakhand

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Mudassir and Ors. v. State of Uttarakhand

Case brief

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