Devi Lal vs State (2025:Rj-Jd:38044)
2025 Latest Caselaw 10848 Raj

Rajasthan High Court - Jodhpur

Devi Lal vs State (2025:Rj-Jd:38044) on 26 August, 2025

[2025:RJ-JD:38044]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 2721/2018

Devi Lal S/o Naru Ji, Aged About 43 Years, R/o Sundarpura
(Kotari), Teh. Railmagra, Dist. Rajsamand
                                                                    ----Petitioner
                                    Versus
1.       State, Through Pp
2.       Magni Ram Gadri S/o Kishore Ji Gadri, Aged About 33
         Years, R/o Morath, Teh. Mavli, Dist. Rajsamand
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Sudhir Saruparia
For Respondent(s)         :     Mr. Sriram Choudhary, PP



          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

26/08/2025

1. After arguing for some time, learned counsel for the

petitioners does not want to press the instant criminal misc.

petition. However, he seeks liberty for the petitioners to submit a

representation to the concerned Superintendent of Police with

appropriate directions to decide the same and issue necessary

instructions to the concerned Investigating Officer.

2. Accordingly, the instant criminal misc. petition is disposed of

as not pressed with liberty to the petitioners to submit a detailed

representation to the concerned Superintendent of Police averring

therein all the grounds which have been raised in this petition within

a period of 07 days from the date of receipt of a copy of this order.

3. In the event, the representation is submitted, the concerned

Superintendent of Police is directed to minutely and objectively

consider the contents of the same and thereafter, issue necessary

[2025:RJ-JD:38044] (2 of 2) [CRLMP-2721/2018]

instructions to the Investigating Officer. All the relevant documents

with the representation shall also be taken into consideration. The

representation shall be decided within a period of 30 days from the

date of receipt of the same. The parties will be at liberty to

approach this Court again, if grievance arises.

4. Till 30 days from the date of filing of representation, the

petitioners shall not be arrested in connection with FIR

No.183/2018, registered at the Police Station Railmagra, District

Ramsamand.

5. The offences alleged against the petitioners are under Section

420 of the IPC. Thus, the provisions contained under Section 35 of

BNSS (Sections 41 and 41A of the CrPC) are applicable mutatis

mutandis 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 deemed

appropriate to direct the investigating officer that in the event, the

offences are found to be proved and the arrest of the petitioners is

absolutely necessary, then instead of affecting arrest at once, a

prior notice of 15 days shall be given to the petitioners. Further the

petitioners shall also be at liberty to raise all permissible objections

and issues before the trial court at the appropriate stage of

proceedings

6. Stay petition also stands disposed of.

(MUKESH RAJPUROHIT),J 329-Hanuman/-

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