Jagdish Barasa vs State Of Rajasthan
2022 Latest Caselaw 13497 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR.

...

S.B. Criminal Misc(Pet.) No. 6162/2022.

Jagdish Barasa S/o Sh. Mangi Lal Barasa, aged about 73 years,

resident of Adarsh Basti, Mandore, Jodhpur.

----Petitioner Versus

1. State Of Rajasthan Through P.P. Nagour

2. Smt. Nirmala W/o Kamlesh Kumar, B/c Valmiki, R/o

Adarsh Colony, Nagori Bera, P.S. Mandore, Jodhpur.

----Respondents

For Petitioner(s) : Mr. Gokulesh Bohra. For Respondent(s) : Mr. Gaurav Singh, PP.

HON'BLE MR. JUSTICE FARJAND ALI

Order

17/11/2022

After arguing the matter for quite some time, learned

counsel for the petitioner seeks permission to withdraw the instant

petition.

Permission sought for is granted.

Hence, the instant Misc. Petition is dismissed as withdrawn.

However, looking to the facts and circumstances of this case

and considering the submissions that the petitioner is a

septuagenarian and has a good reputation in the society and his

arrest may cause harm to his reputation and self-esteem as well

as the legal situation and the provisions contained under Section

41 Cr.P.C. and the judgment rendered by Hon'ble the Supreme

Court in the case of Arnesh Kumar Vs. State of Bihar reported

(2 of 2) [CRLMP-6162/2022]

in (2014) 8 SCC 273 which applies squarely in this matter, it is

directed that the petitioner shall not be arrested in this matter in

routine. In the event of filing of charge-sheet, a notice shall be

issued to him to appear before the concerned Judicial Magistrate

and no arrest shall be affected.

The instant Misc. Petition stands disposed of accordingly.

(FARJAND ALI),J 61-Mohan/-

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