Rajasthan High Court - Jodhpur
Idris A Shaikh vs State Of Rajasthan (2025:Rj-Jd:54203) on 16 December, 2025
[2025:RJ-JD:54203]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 10475/2025
Idris A Shaikh S/o Momeen Shaikh, Aged About 51 Years, R/o
Manikya Nagar, Mali Khera, Sangit Kala Kendra Ke Samne,
Bhilwara, District Bhilwara
----Petitioner
Versus
1. State Of Rajasthan, Through Public Prosecutor.
2. Vijay Kumar S/o Shyam Lal Soni, Aged About 43 Years,
R/o Nagauri Mohalla, Bhimganj, District Bhilwara.
----Respondents
For Petitioner(s) : Mr. Anuj Sahlot
For Respondent(s) : Mr. H.S. Jodha, PP
Mr. Rishabh Handa, for complainant
HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR
Order 16/12/2025
1. The instant criminal misc. petition under Section 528 BNSS (erstwhile Section 482 Cr.P.C.) has been filed by the petitioner seeking quashing of the FIR No.216/2025 lodged at P.S. Bhimganj, District Bhilwara for the offences punishable under Sections 316(2) and 318(4) of BNS & further proceedings arising out of it.
2. Heard learned counsel for the parties and perused the material made available to this Court.
3. This Court upon a perusal of the case file prima facie finds that the offences alleged to have been committed by the petitioner are either triable by a court of Magistrate and/or do not contain the maximum punishment of more than seven years, and keeping in mind the provisions contained in Section 41, 41-A Cr.P.C. as (Uploaded on 19/12/2025 at 12:26:13 PM) (Downloaded on 19/12/2025 at 09:49:15 PM) [2025:RJ-JD:54203] (2 of 2) [CRLMP-10475/2025] well as the judgment passed by Hon'ble the Supreme Court in the case of Arnesh Kumar vs. State of Bihar, reported in AIR 2014 SC 2756, the dictum of which squarely apply mutatis mutandis to the present case, it is directed that in case, the arrest of the petitioner is found to be absolutely necessary by the Investigating Agencies, instead of affecting the arrest of the petitioner at once, a prior notice of one month shall be given to him so that he may exercise his rights. Needless, to say that the petitioner is not precluded from ventilating his grievances before this Court or trial Court if occasion so arises at an appropriate stage.
4. With the aforesaid directions, the misc. petition filed under Section 528 BNS (erstwhile Section 482 Cr.P.C.) as well as stay application are disposed of.
(PRAMIL KUMAR MATHUR),J 230-AnilKC/-
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