Disposed

Hemant Prakash v. State of Uttarakhand

Uttarakhand HC26 Nov 2025WPCRL/941/2025

Case brief

AI extract

What is this about?

In a writ petition, the petitioner sought a direction mandamus to transfer the investigation of an FIR from Police Station Rudrapur to the Economic Offences Wing. The court observed that prior notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita is necessary before arrest as the offences carry a maximum punishment of seven years. The petition was disposed of.

What the court decided

AI extract

Hemant Prakash Vs State of Uttarakhand — Writ and Judicial Review | Uttarakhand HC (2025)

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]SL. No.	Date	Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures	COURT’S OR JUDGE’S ORDERS 2025:UHC:10535
			WPCRL No.941 of 2025 Hon’ble Ashish Naithani, J. 1. Mr. Deepak Petshali, learned counsel for the Petitioners. 2. Mr. N.S. Kanyal, learned AGA for the State. 3. By means of this writ petition, petitioner has sought direction in the nature of mandamus commanding and directing the respondent no.1 to transfer the investigation of the FIR No.176 of 2025 from the Station House Officer, Police Station, Rudrapur, District Udham Singh Nagar to Economic Offences Wing, Dehradun (Special Task Force) i.e. respondent no.3. 4. Learned counsel for the petitioner has limited his argument to the extent that the investigation agency should comply with the guidelines given inArnesh 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 Bharatiya Nagarik Suraksha Sanhita, 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 Bharatiya Nagarik Suraksha Sanhita, 2023 (under Section 41A of Cr.P.C.).

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6. stan	Accordingly, ds disposed of.	the	criminal writ	petition
7.	Pending app	licat	ion, if any,	stands
disp	osed of accordi	ngly.
Arti			(Ashish Nait 26.11.202	hani, J.) 5

Hemant Prakash v. State of Uttarakhand

Case brief

What is this about?

What the court decided

Hemant Prakash v. State of Uttarakhand

Case brief

What is this about?

What the court decided

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