Rajasthan High Court - Jodhpur
Tarachand Sankhla vs State Of Rajasthan (2025:Rj-Jd:38115) on 26 August, 2025
[2025:RJ-JD:38115]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6178/2025
Tarachand Sankhla S/o Sh. Premsukh Sankhla, Aged About 44
Years, Resident Of Tausar Baas Sekhshar, Tehsil And District
Nagaur (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Mahendra Sankhla S/o Sh. Dayaram, Resident Of Tausar,
Kotwali Nagaur, Nagaur At Present Resident Hyderabad.
----Respondents
For Petitioner(s) : Mr. Harish Kumar Purohit
For Respondent(s) : Mr. Sriram Choudhary, PP
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order 26/08/2025
1. After arguing for some time, learned counsel for the petitioners does not want to press the instant criminal misc. petition. However, he seeks liberty for the petitioners to submit a representation to the concerned Superintendent of Police with appropriate directions to decide the same and issue necessary instructions to the concerned Investigating Officer.
2. Accordingly, the instant criminal misc. petition is disposed of as not pressed with liberty to the petitioners to submit a detailed representation to the concerned Superintendent of Police averring therein all the grounds which have been raised in this petition within a period of 07 days from the date of receipt of a copy of this order.
3. In the event, the representation is submitted, the concerned Superintendent of Police is directed to minutely and objectively (Downloaded on 26/08/2025 at 09:54:03 PM) [2025:RJ-JD:38115] (2 of 2) [CRLMP-6178/2025] consider the contents of the same and thereafter, issue necessary instructions to the Investigating Officer. All the relevant documents with the representation shall also be taken into consideration. The representation shall be decided within a period of 30 days from the date of receipt of the same. The parties will be at liberty to approach this Court again, if grievance arises.
4. Till 30 days from the date of filing of representation, the petitioners shall not be arrested in connection with FIR No.109/2025, registered at the Police Station Sadar Nagaur, District Nagaur.
5. The offences alleged against the petitioners are under Section 318(4), 316(2), 61(2), 352, 303(2) and 329(3) of the BNS. Thus, the provisions contained under Section 35 of BNSS (Sections 41 and 41A of the CrPC) are applicable mutatis mutandis and the judgment rendered by Hon'ble Supreme Court in the case of Arnesh Kumar v. State of Bihar [AIR 2014 SC 2756] applies squarely in the present case, therefore, it is deemed appropriate to direct the investigating officer that in the event, the offences are found to be proved and the arrest of the petitioners is absolutely necessary, then instead of affecting arrest at once, a prior notice of 15 days shall be given to the petitioners. Further the petitioners shall also be at liberty to raise all permissible objections and issues before the trial court at the appropriate stage of proceedings
6. Stay petition also stands disposed of.
(MUKESH RAJPUROHIT),J 76-Hanuman/-
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