Rajasthan High Court - Jodhpur
Ramlal Gurjar vs State Of Rajasthan (2025:Rj-Jd:39849) on 8 September, 2025
[2025:RJ-JD:39849]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 7565/2025
1. Ramlal Gurjar S/o Sohanlal Gurjar, Aged About 31 Years,
R/o Village Khati Hera, Mangrop, Dist. Bhilwara, Raj.
2. Ganpat Lal Gurjar S/o Laxman Lal Gurjar, Aged About 20
Years, Resident Of Berada Ki Jhopdiya, Kankroliya, District
Bhilwara(Raj.).
3. Rahul Gadri S/o Kisan Lal Gadri, Aged About 20 Years,
Resident Of Tumbdiya, District Chittorgarh(Raj.).
4. Vinod Kumar Regar S/o Ugma Regar, Aged About 19
Years, Resident Of Pipli, District Bhilwara(Raj.).
----Petitioners
Versus
1. State Of Rajasthan, Through PP
2. The Mine And Minerals Dept, Through AAG
----Respondents
For Petitioner(s) : Mr. Vishal Sharma
For Respondent(s) : Mr. Narendra Singh Chandawat, PP
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order 08/09/2025
1. 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 as well as stay petition are dismissed 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 10 days from the date of receipt of a copy of this order.
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3. In the event, the representation is submitted, the concerned Superintendent of Police is directed to minutely and objectively 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. Till 30 days from the date of filing of representation, the petitioners shall not be arrested in connection with FIR No.156/2025, registered at the Police Station Mangarop, District Bhilwara.
4. The offences alleged against the petitioners are under Section 303(2) of the BNS and Sections 4 & 21 of the MMDR Act. Thus, the provisions contained under Section 35 of BNSS (Sections 41 and 41A of Cr.P.C.) 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 are absolutely necessary, then instead of affecting arrest at once, a prior notice of 15 days shall be given to the petitioners. The petitioners shall be at liberty to take up all the issues at appropriate stage.
5. Pending applications, if any, also stand disposed of.
(MUKESH RAJPUROHIT),J 409-Ramesh/-
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