D.V.S. Industries Petition Disposed by Uttarakhand HC

Authority: Uttarakhand High Court, Hon'ble Pankaj Purohit, J.

Order Date: Not specified

Case Overview

• Petitioners: M/s D.V.S. Industries Pvt. Ltd. and another petitioner.
• Respondents: State of Uttarakhand and others.
• Petition filed as a criminal writ petition (WPCRL/2082/2026) challenging FIR No.0176 dated 27.08.2026.
• FIR alleged offences punishable under Sections 115(2) and 127(2) of the BNSS Act, registered with Police Station Pantnagar, Udham Singh Nagar district.
• Petition sought a direction that the respondents not arrest the Managing Director of the petitioners.
• The court referred to the precedent Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273, noting that offences under the cited sections carry a punishment of less than seven years and therefore a prior notice under Section 35(3) of the BNSS Act, 2023 (equivalent to Section 41A of the Criminal Procedure Code) is required before any arrest.

Final Outcome

• The court directed that before taking any coercive measures against the petitioners, the Investigating Officer must issue a prior notice in accordance with Section 35(3) of the BNSS Act, 2023.
• The Investigating Officer is to adhere to the procedure prescribed under the said section.
• Petitioners are ordered to cooperate with the investigation.
• The criminal writ petition is hereby disposed of.
• Any pending applications, if any, remain to be considered.

Topics: Criminal Procedure, BNSS Act, Uttarakhand High Court