Bhawani Singh Kanawat vs State Of Rajasthan (2024:Rj-Jd:8391)
2024 Latest Caselaw 1609 Raj

Rajasthan High Court - Jodhpur

Bhawani Singh Kanawat vs State Of Rajasthan (2024:Rj-Jd:8391) on 16 February, 2024

Author: Farjand Ali

Bench: Farjand Ali

[2024:RJ-JD:8391]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                          JODHPUR
            S.B. Criminal Misc(Pet.) No. 496/2023

Bhawani Singh Kanawat S/o Shri Padam Singh Kanawat, Aged
About 43 Years, R/o Pratap Mohalla Kotdi Dist. Bhilwara Raj.
                                                      ----Petitioner
                                Versus
1.      State Of Rajasthan, Through Pp
2.      Ganesh Lal S/o Shri Prabhula Teli, Savaipur Road Tehsil
        Kotdi Dist. Bhilwara Raj.
                                                  ----Respondents
                           Connected With
               S.B. Criminal Misc(Pet.) No. 284/2023
Jamna Lal Didvaniya S/o Sh. Kishan Lal Didvaniya, Aged About
70 Years, Charbhuja Mandir Ke Pass, Teh. Kotri, Dist. Bhilwara
(Raj.).
                                                      ----Petitioner
                                Versus
1.      State Of Rajasthan, Through Pp
2.      Ganesh Lal S/o Sh. Prabhula Teli, Savaipur Road, Teh.
        Kotri, Dist. Bhilwara (Raj.).
                                                  ----Respondents


For Petitioner(s)          :    Mr. S.S. Sisodia
For Respondent(s)          :    Mr. Laxman Solanki, Dy.G.A.



                HON'BLE MR. JUSTICE FARJAND ALI

Order

16/02/2024

1. After arguing to some extent, learned counsel for the

petitioners seeks withdrawal of the instant criminal petitions with

liberty to raise all grounds which are raised here in the petition,

before the learned trial Court at appropriate stage.

2. Accordingly, the instant criminal misc. petitions are

dismissed with liberty as sought for. Stay petitions also stand

dismissed.

3. Heard learned counsel for the parties and going through the

FIR and the other material as made available to this Court.

Though, this Court does not deem it appropriate to quash the FIR

[2024:RJ-JD:8391] (2 of 2) [CRLMP-496/2023]

but at the same time it cannot be ignored that there may be a

bonafide dispute between the parties. The alleged offences are

triable by a Court of magistrate having punishment of not more

than three years and as such the provision contained contained

under Section 41 and 41A of the CrPC are applicable 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 ordered that the

petitioner shall not be arrested during investigation. In the event

of filing of a charge-sheet, the petitioner shall be directed to

remain present before the Court where the charge-sheet would be

submitted.

4. Upon their appearance and moving a regular bail application,

the learned trial Court shall release them on bail on the very same

day on the amount of surety and bonds as he deems fit.

(FARJAND ALI),J 127-Samvedana/-

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