Kanhaiya Bisht Vs State of Uttarakhand — Dowry and Cruelty | Uttarakhand HC (2025)

Kanhaiya Bisht Vs State of Uttarakhand — Dowry and Cruelty | Uttarakhand HC (2025)

What the court decided

AI extract

Outcome

Direction that before taking any coercive measures against the petitioners, the Investigating Officer shall issue a prior notice under Section 35(3) of the BNSS Act, 2023 and abide by the procedure thereunder (under Section 41A of Cr.P.C.); pending applications disposed of accordingly.

Issue for consideration

Whether, in respect of the offences alleged in FIR No.0024 of 2025 (which carry punishment of up to seven years), a prior notice under Section 35(3) of the B.N.S.S., 2023 (under Section 41A of Cr.P.C.) must be issued to the petitioners before resorting to any arrest or coercive measures.

Court's answer

Since the offences under the cited sections of BNS, 2023 carry a punishment maximum of seven years, 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 petitioners before resorting to any arrest.

Ratio / Principle

Before taking any coercive measures against the petitioner, the Investigating Officer shall abide by the procedure given under Section 35(3) of the BNSS Act, 2023 (under Section 41A of Cr.P.C.).

Detailed headnote1 paragraphs

Writ petition (WPCRL No.177 of 2025, Pankaj Purohit, J., decided 07.03.2025) challenging FIR No.0024 of 2025 dated 09.11.2024 under Sections 85, 115, 351(2), 352, BNS 2023, registered with Police Station Salt, District Almora. Counsel for the petitioners confined the plea to compliance with the guidelines in Arnesh Kumar Vs. State of Bihar and another, (2014) 8 SCC 273. Holding: since the offences invoked (listed in ¶5 as Sections 115(2), 118(1), 126(2), 333, 351(2), 352, 74, 79 of BNS, 2023) carry a punishment maximum of seven years, a prior notice under Section 35(3) of the B.N.S.S., 2023 (under Section 41A of Cr.P.C.) is necessary before resorting to any arrest, and the Investigating Officer must abide by the Section 35(3) BNSS procedure before taking any coercive measure against the petitioners. Writ petition disposed of accordingly.

SL. No.
Date
Office Notes, reports, orders or
proceedings or directions and
Registrar’s order with
Signatures
COURT’S OR JUDGE’S ORDERS
WPCRL No.177 of 2025
Hon’ble Pankaj Purohit, J.
Ms. Neeti Rana, learned counsel for the petitioners
(appeared through V.C.).
2.
Mr. B.C. Joshi, learned AGA along with Ms. Sweta
Badola Dobhal and Mr. Vipul Painuly, learned Brief
Holders for the State.
3.
By means of this writ petition, petitioners have
impugned the FIR No.0024 of 2025 dated 09.11.2024,
under Sections 85, 115, 351(2), 352, BNS 2023,
registered with Police Station Salt, District Almora.
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 offences under Sections 115(2), 118(1),
126(2), 333, 351(2), 352, 74, 79 of BNS, 2023 carries 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 petitioners. Hence, it is
provided that before taking any coercive measures
against the petitioner, 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.)
07.03.2025
AK