Rajasthan High Court - Jodhpur
Priti Pareek vs State Of Rajasthan (2026:Rj-Jd:2725) on 16 January, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:2725]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 327/2026
1. Dharmendra Lohar S/o Rameshwar Lal Lohar, Aged About
21 Years, R/o 44 Gali No.2 Machhala Magra Swaraj Nagar
Girwa Udaipur
2. Yugal Singh Hada S/o Ashok, Aged About 21 Years, R/o
420 Gali No.1 Kailash Basti Savina Udaipur
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Smt Anita Bhagora D/o Laxman Bhagora, R/o Bajariya
Kherwada District Udaipur
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 328/2026
1. Priti Pareek S/o Ramesh Chandra, Aged About 48 Years,
R/o 48 Gali No.2 Machhala Magra Swaraj Nagar Girwa
Udaipur
2. Ramesh Chandra S/o Bhura Lal, Aged About 32 Years, R/o
Vallabhnagar Tehsil Vallabrnagar District Udaipur
3. Heera Lal S/o Babu Lal, Aged About 45 Years, R/o Bhana
Magra Tehsil Vallachnagar District Udaipur
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Anita Bhagora D/o Laxman Bhagora, R/o Bajariya
Kherwada, District Udaipur
----Respondents
For Petitioner(s) : Ms. Deepika Purohit
For Respondent(s) : Mr. Hanuman Prajapati, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order 16/01/2026 These criminal misc. petitions under Section 528 BNSS have been filed by the petitioners for quashing of the FIR No.315/2025, registered at Police Station Kherwara, District Udaipur for the offences under Sections 316(2) & 318(4) of BNS.
(Uploaded on 16/01/2026 at 06:24:28 PM) (Downloaded on 16/01/2026 at 09:21:24 PM) [2026:RJ-JD:2725] (2 of 2) [CRLMP-327/2026] Heard learned counsel for the parties at bar. Perused the material as made available to this Court and gone through the niceties of these matters.
Having perused the impugned FIR, this Court prima facie finds that the offences alleged to have been committed by the petitioners are either triable by a Court of Magistrate or do not contain the maximum imprisonment of more than seven years, and 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 cases, it is directed that in case, the arrest of the petitioners is found to be absolutely necessary by the Investigating Agencies, instead of affecting the arrest of the petitioners at once, a prior notice of one month shall be given to them so that they may exercise their legitimate rights. Needless to say that the petitioners are not precluded from raising their grievance before the trial Court.
With the aforesaid direction, these criminal misc. petitions filed under Section 528 BNSS (482 Cr.P.C.) as well as stay applications are disposed of.
A copy of this order be placed in each file.
(KULDEEP MATHUR),J 15-16-himanshu/-
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