Tarachand Sankhla vs State Of Rajasthan (2025:Rj-Jd:38115)
2025 Latest Caselaw 11641 Raj

Rajasthan High Court - Jodhpur

Tarachand Sankhla vs State Of Rajasthan (2025:Rj-Jd:38115) on 26 August, 2025

[2025:RJ-JD:38115]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 6178/2025

Tarachand Sankhla S/o Sh. Premsukh Sankhla, Aged About 44
Years, Resident Of Tausar Baas Sekhshar, Tehsil And District
Nagaur (Raj.)
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Mahendra Sankhla S/o Sh. Dayaram, Resident Of Tausar,
         Kotwali Nagaur, Nagaur At Present Resident Hyderabad.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Harish Kumar Purohit
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

[2025:RJ-JD:38115] (2 of 2) [CRLMP-6178/2025]

consider the contents of the same and thereafter, issue necessary

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.109/2025, registered at the Police Station Sadar Nagaur, District

Nagaur.

5. The offences alleged against the petitioners are under Section

318(4), 316(2), 61(2), 352, 303(2) and 329(3) of the BNS. 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 76-Hanuman/-

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