Disposed¶¶1

Mohd Saleem v. State of Uttarakhand

Uttarakhand HC3 Nov 2025WPCRL/1367/2025

Case brief

AI extract

What is this about?

WPCRL 1367 of 2025; FIR No.0381 of 2025 dated 23.10.2025; Section 318(4) BNS 2023; Police Station Ram Nagar, District Nainital; Arnesh Kumar v. State of Bihar (2014) 8 SCC 273 guidelines; prior notice under Section 35(3) BNSS 2023 equivalent to Section 41-A Cr.P.C.; protection from coercive measures/arrest for offences punishable up to seven years; writ petition disposed with direction to Investigating Officer; Pankaj Purohit, J.; decision dated 03.11.2025.

What did the court decide?

Direction to the Investigating Officer that, before taking any coercive measure against the petitioner, he shall abide by the procedure under Section 35(3) of the B.N.S.S. Act, 2023 (under Section 41-A of Cr.P.C.); writ petition and any pending application disposed of accordingly. ¶¶1

Mohd Saleem Vs State of Uttarakhand — Cheating and Forgery | 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.1367 of 2025 Hon’ble Pankaj Purohit, J. Mr. Aayush Gaur, Advocate for the petitioner. 2. Mr. S.S. Chauhan, D.A.G. with Mr. Vikash Uniyal, B.H. for the State. 3. By means of this writ petition, petitioner has impugned FIR No.0381 of 2025 dated 23.10.2025, under Section 318(4) of the B.N.S. 2023, registered with Police Station Ram Nagar, District Nainital. 4. Learned counsel for the petitioner 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 offence under Section 318(4) of B.N.S. 2023 carries a punishment upto seven years, therefore before resorting to any arrest, a prior notice under Section 35(3) of the B.N.S.S., 2023 (under Section 41-A of Cr.P.C.) is necessary to be issued to the petitioner. Hence, it is provided that before taking any coercive measure against the petitioner, the Investigating Officer shall abide by procedure given under Section 35(3) of the B.N.S.S. Act, 2023 (under Section 41-A of Cr.P.C.). 6. Accordingly, the writ petition stands disposed-off.
		7. Pending application, if any, stands disposed-off accordingly.
		(Pankaj Purohit, J.) 03.11.2025 SK

Mohd Saleem v. State of Uttarakhand

Case brief

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Mohd Saleem v. State of Uttarakhand

Case brief

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