Devraj vs State Of Rajasthan (2025:Rj-Jd:19849)
2025 Latest Caselaw 12208 Raj

Rajasthan High Court - Jodhpur

Devraj vs State Of Rajasthan (2025:Rj-Jd:19849) on 24 April, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:19849]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   S.B. Criminal Misc(Pet.) No. 3240/2025

Devraj       S/o    Mahendra      Singh,       Aged      About      26    Years,   R/o
Sumeringhji Ka Dera, Near Panwarsar Kuan, Bikaner (Raj.).
                                                                         ----Petitioner
                                       Versus
1.          State Of Rajasthan, Pp
2.          Yadulika W/o Devraj, D/o Gopal Singhji, B/c Rajput, R/o
            65, Rajat Nagar, Tehsil District Pali (Raj.).
                                                                    ----Respondents


For Petitioner(s)            :     Ms. Deepika Soni
                                   Ms. Anjali Gehlot
For Respondent(s)            :     Mr. Narendra Singh,PP



              HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

24/04/2025

The instant misc. petition under Section 528 BNSS (482

Cr.P.C.) has been filed by the petitioner seeking for the following

reliefs:-

"It is, therefore, most respectfully prayed that this Misc. Petition may kindly be allowed. The C.R. Case No. 17/2025 (12.02.2025) for offence under Section 85, 316(2), 115(2) registered at Police Station Mahila Thana (Pali), and also the investigation made by the police so far, may kindly be quashed and set-aside.

Any other relief which may be consdered in favour of the petitioner may kindly be ordered to be issued."

Heard learned counsel for the parties at Bar. Perused the

material available on record.

The factual report dated 21.04.2025 received by the learned

Public Prosecutor from the office of SHO, P.S. Mahila Thana, Pali,

District Pali is taken on record.

[2025:RJ-JD:19849] (2 of 2) [CRLMP-3240/2025]

The impugned FIR and the factual report dated 21.04.2025

submitted before this Court indicates that the offences under

Sections 85 and 316(2) of BNS have been found to be proved

against the present petitioner, which is disclosing the commission

of cognizable offence, thus no case for quashing of the FIR is

made out against the present petitioner.

Upon a perusal of the case file, this Court 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 imprisonment 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 the Hon'ble the Supreme Court in the

case 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 fifteen days shall be given to

him so that he may exercise his legitimate rights. Needless, to say

that the petitioner is not precluded from raising his grievance

before the trial Court.

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 27-himanshu/-

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