Tarun Kumar vs State Of Rajasthan
2022 Latest Caselaw 13449 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 7507/2022

1. Tarun Kumar S/o Mohan Lal Mali, Aged About 27 Years, R/ o Near I.t.i Jalore Tehsil And Dist. Jalore

2. Dhana Ram S/o Tara Ram Mali, Aged About 32 Years, R/o Near I.t.i Jalore Tehsil And Dist. Jalore

3. Mohan Lal S/o Anaji Mali, Aged About 50 Years, R/o Near I.t.i Jalore Tehsil And Dist. Jalore

----Petitioners Versus

1. State Of Rajasthan, Through Pp

2. Piyari Devi W/o Mohan Lal, B/c Mali R/o Lane Opposite Idbi Inderpuri Colony Jalore

----Respondents

For Petitioner(s) : Mr. Sravan Kumar Sainee For Respondent(s) : Mr. S.S. Rajpurohit, PP

HON'BLE MR. JUSTICE FARJAND ALI

Order

16/11/2022

The instant criminal misc. petition under Section 482 Cr.P.c.

has been preferred by the petitioner for quashing of FIR

No.0395/2022, Police Station Jalore, District Jalore for the

offences under Section 452, 323, 354 and 34 of IPC.

After arguing to some extent, learned counsel for the

petitioner seeks permission to withdraw the present petition. He is

permitted to do so.

Accordingly, the present criminal misc. petition is dismissed

as withdrawn. However, looking to the fact that the offences

invoked in this case are triable by Magistrate and the provisions

contained in Section 41 Cr.P.C. as well as the judgment passed by

(2 of 2) [CRLMP-7507/2022]

Hon'ble Apex Court in Arnesh Kumar vs. State of Bihar : AIR 2014

SC 2756 squarely apply, the Investigating Officer shall adhere to

the aforesaid legal situation and shall not affect the arrest in

routine and before affecting the arrest he shall issue prior notice

under Section 41 Cr.P.C.

(FARJAND ALI),J 80-amit/-

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