Disposed¶¶1

Chandan v. State of Uttarakhand

Uttarakhand HC11 Mar 2025WPCRL/74/2025

Case brief

AI extract

What is this about?

Notice-before-arrest order; Arnesh Kumar guidelines compliance; FIR No. 0041/2025 dt. 16.01.2025 under S. 137(2) BNS (max seven years' punishment), P.S. Rudrapur, Distt. U.S. Nagar; writ petition disposed of directing IO to abide by S. 35(3) BNSS 2023 (S. 41A Cr.P.C.) before coercive measures; Pankaj Purohit, J.; decision date 11.03.2025; counsel: Aakib Ahmed (petitioner), Bhaskar Ch. Joshi (AGA) with Vipul Painuly (State), Mani Kumar (respondent no.4).

What did the court decide?

Direction that before taking any coercive measures (including arrest) against the petitioner, the Investigating Officer shall follow the notice procedure under Section 35(3) of the BNSS Act, 2023 (Section 41A Cr.P.C.); pending applications, if any, disposed of accordingly. ¶¶1

Chandan Vs State of Uttarakhand — Uttarakhand HC (2025) — LawSathi Research

¶1

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.74 of 2025 Hon’ble Pankaj Purohit, J. Mr. Aakib Ahmed, learned counsel for the petitioner. 2. Mr. Bhaskar Ch. Joshi, learned AGA with Mr. Vipul Painuly, learned B.H. for the State. 3. Mr. Mani Kumar, learned counsel for respondent no.4. 4. By means of this writ petition, petitioner has impugned the FIR No.0041 of 2025 dated 16.01.2025 lodged under Section 137(2) of B.N.S. registered at P.S. Rudrapur, Distt. U.S. Nagar. 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 the offences under Sections 137(2) of BNS, 2023 carries 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 petitioner. 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.) 11.03.2025 R.Dang

Chandan v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Chandan v. State of Uttarakhand

Case brief

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