Kalu Lal Bhambhi vs State Of Rajasthan
2022 Latest Caselaw 13681 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR.

....

S.B. Criminal Misc. (Pet.) No. 6625/2022

Kalu Lal Bhambhi S/o Sh. Ratan Lal Bhambhi, Aged About 38

Years, R/o Hameergarh, Tehsil Hameergarh, District Bhilwara. At

Present R/o Kotdi, Plot No. 2, Khasra No. 1539, Hameergarh

Chowk, Bhilwara.

----Petitioner Versus

1. State Of Rajasthan through PP

2. Smt. Deo Devi W/o Kalu Lal Bhambhi, R/o Azad Nagar,

Pratapnagar, Bhilwara.

----Respondents

For Petitioner(s) : Mr. Shreyansh Ramdev on behalf of Mr. Vishamber Nath Kalla.

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

HON'BLE MR. JUSTICE FARJAND ALI

Order

22/11/2022

After hearing learned counsel for the petitioner and the

learned Public Prosecutor, I am of the considered view that no

case is made out for quashing of the FIR. Hence, the instant Misc.

Petition is dismissed.

However, looking to the facts and circumstances of the case

more particularly the facts that it is a dispute between the spouses

and the offences are triable by the Magistrate for which the

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

rendered by Hon'ble the Supreme Court in the case of Arnesh

Kumar Vs. State of Bihar reported in (2014) 8 SCC 273

(2 of 2) [CRLMP-6625/2022]

squarely apply in this matter, therefore, this Court deems it

appropriate that instead of affecting arrest of petitioner, he shall

be issued notice and directed to remain present before the Court

concerned where charge-sheet is to be submitted. In the event of

filing of the charge-sheet and moving of regular bail application by

the petitioner before the Trial Court, he shall be released on bail

on the amount of sureties and bonds to the satisfaction of the

learned Magistrate. Till the filing of charge-sheet, the petitioner

shall not be arrested in connection with FIR No. 617/2022 dated

04.08.2022, Police Station Pratap Nagar, Bhilwara.

The stay application also stands disposed of.

(FARJAND ALI),J 59-Mohan/-

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