Writ petition against an FIR under BNS and Uttarakhand Freedom of Religion Act sections. Court directed that before any coercive measures or arrest, notice under Section 35(3) BNSS (Section 41A CrPC) be issued per Arnesh Kumar guidelines; petition disposed of.
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| Sign at u res | WPCRL No.1394 of 2025 Hon’ble Pankaj Purohit, J. Mr. Rajat Mittal, learned counsel for the petitioners. 2. Mr. Vikash Uniyal, learned Brief Holder for the State. 3. By means of this writ petition, petitioners have impugned the FIR No.0301 of 2025 dated 24.10.2025, lodged under Sections 351(2), 351(3), 352, 64 & 69 of BNS, 2023 and Sections 3/5 of the Uttarakhand Freedom of Religion Act, 2018, registered at P.S. Vikas 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. |
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| (Pankaj Purohit, J.) 06.11.2025 AK |
1 issue framed by the court
Whether arrest can be made without prior notice under Section 35(3) BNSS in offences punishable with up to seven years.
Colour shows how this judgement treated each authority
Arnesh Kumar Vs. State of Bihar and anotherRelied on
(2014) 8 SCC 273 · Who else cites this
4 provisions across 4 enactments
Petitioners (WPCRL No.1394 of 2025)
State of Uttarakhand
Pankaj Purohit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
