Suresh Kumar vs State Of Rajasthan (2025:Rj-Jd:19818)
2025 Latest Caselaw 12199 Raj

Rajasthan High Court - Jodhpur

Suresh Kumar vs State Of Rajasthan (2025:Rj-Jd:19818) on 24 April, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:19818]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 3166/2025

Suresh Kumar S/o Bhanwar Lal, Aged About 29 Years, R/o
Rajeev Nagar Pur Sanchore, District Jalore
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Raghunath Bishnoi
For Respondent(s)         :     Mr. Lalit Kishore Sen, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

24/04/2025

1. The factual report dated 22.04.2025 received by the learned

Public Prosecutor from the office of SHO, P.S. Kalyanpur, Dist.

Balotra indicates that the investigating agency during the course

of investigation has found an active role of the petitioner in

commission of the alleged crime. The offences under Sections

19/57, 14/54 and 54D of Rajasthan Excise Act have been found to

be proved against the present petitioner. The FIR and the factual

report is disclosing the commission of a cognizable offence; thus,

no case for quashing of the FIR is made out.

2. This Court upon a perusal of the case file prima facie finds

that the offences alleged to have been committed by the petitioner

are triable by a court of Magistrate which do not contain the

maximum punishment of more than seven years, and keeping in

mind the provisions contained in Section 41, 41-A Cr.P.C. as well

as the judgment passed by Hon'ble the Supreme Court in the case

[2025:RJ-JD:19818] (2 of 2) [CRLMP-3166/2025]

of Arnesh Kumar vs. State of Bihar, reported in AIR 2014 SC

2756, the dictum of which squarely apply mutatis mutandis to the

present case, it is directed that in case, the arrest of the petitioner

is found to be absolutely necessary by the Investigating Agencies,

instead of affecting the arrest of the petitioner at once, a prior

notice of one month shall be given to him so that he may exercise

his rights. Needless, to say that the petitioner is not precluded

from raising his grievance before the trial Court.

3. With the aforesaid direction, the misc. petition filed under

Section 528 BNSS (482 Cr.P.C.) as well as stay application are

disposed of.

(KULDEEP MATHUR),J 7-divya/-

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