Rajasthan High Court - Jodhpur
Sanjay Agarwal vs State Of Rajasthan (2025:Rj-Jd:28844) on 4 July, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:28844]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5010/2025
Sanjay Agarwal S/o Amarchand, Aged About 52 Years, R/o Abu
Road, District Sirohi, Rajasthan
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Parth Murbiya S/o Mahendra Kumar, R/o Riico Colony, Abu
Road, District Sirohi, Rajasthan
----Respondents
For Petitioner(s) : Mr. Shree Kant Verma
For Respondent(s) : Mr. Narendra Gehlot, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 04/07/2025
1. By way of filing the present criminal misc. petition under Section 528 BNSS, the petitioner has prayed for the following reliefs:-
"It is, therefore, most respectfully prayed that this Misc. Petition may kindly be allowed, the F.I.R and the entire subsequent investigation in FIR No.158/2025, Police Station RIICO, Abu Road, District Sirohi for offence u/s 332(C), 308(2), 352, 3(5) of BNS, may kindly be quashed and set aside.
Any other relief, which may be considered in favour of the petitioner may kindly be ordered to be issued."
2. Heard learned counsel for the parties and perused the material as made available to this Court as well as gone through the niceties of the matter.
3. Having perused the impugned FIR, this Court 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 (Downloaded on 04/07/2025 at 10:50:35 PM) [2025:RJ-JD:28844] (2 of 2) [CRLMP-5010/2025] keeping in mind the provisions contained in Section 35 BNSS (Section 41, 41-A Cr.P.C.) as well as the judgment passed by the Hon'ble Supreme Court in the case of Arnesh Kumar vs. State of Bihar, reported in AIR 2014 SC 2756, the dictum of which squarely applies 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 10 days shall be given to him so that he may exercise his rights. Needless to say that the petitioner is not precluded from raising his grievance before the trial Court at an appropriate stage.
4. With the aforesaid direction, the misc. petition filed under Section 528 BNSS (482 Cr.P.C.) as well as stay application are disposed of.
(KULDEEP MATHUR),J 31-divya/-
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