SL. No Date Office Notes v. State of Bihar reported in (2014) 8 SCC 273 & Anr.
Case at a glance
- Decided
- 05 Jun 2025
- Bench
- PANKA
- Neutral citation
- 2025:UHC:5514
Outcome
Disposed of
petition stands disposed of
Provisions considered
- Bharatiya Nyaya Sanhita, 2023 ss. 318(4), 351(2)
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 35(3)
- Code of Criminal Procedure, 1973 s. 41A
Key paragraphs
- Para 77. Pending application, if any, also stands disposed of. PN (Pankaj Purohit, J.)
Judgment
Mr. T.A. Khan, learned senior counsel assisted by Mr. Mohd. Shafy, learned counsel holding brief of Mr. Vinay Bhatt, learned petitioners. counsel
Mr. Bhaskar Chandra Joshi, learned A.G.A. for State of Uttarakhand/ respondent Nos.1 and 2.
By means of this criminal writ petition, petitioners have put challenge the FIR No.0262 of 2025 dated 05.06.2025, for the offences punishable under Sections 318(4) and 351(2) of the B.N.S. Act, 2023, registered with P.S. Jaspur, District Udham Singh Nagar. learned 4. After arguing a while, senior counsel for the petitioners has limited his argument to the extent that the Investigating Agency should comply with the guidelines given in Arnesh Kumar Vs. State of Bihar and Another reported in (2014) 8 SCC 273.
Since the offences under Sections 318(4) and 351(2) of the B.N.S. Act, 2023, carry 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 issued to be (under Section 41A of Cr.P.C.) necessary petitioners. Hence, it is provided that before taking any coercive measures against 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.).
Operative part
Accordingly, petition stands disposed of. criminal writ
Pending application, if any, also stands disposed of. PN (Pankaj Purohit, J.)
30.06.2025
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: petition stands disposed of
Which statutory provisions did this judgment involve?
Bharatiya Nyaya Sanhita, 2023 — ss. 318(4), 351(2); Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 35(3); Code of Criminal Procedure, 1973 — s. 41A.
Which court decided this case, and when?
Uttarakhand High Court, on 05 Jun 2025. The bench was PANKA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.