Pramod vs State Of Rajasthan (2025:Rj-Jd:37991)
2025 Latest Caselaw 11655 Raj

Rajasthan High Court - Jodhpur

Pramod vs State Of Rajasthan (2025:Rj-Jd:37991) on 26 August, 2025

[2025:RJ-JD:37991]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 6441/2025
1.       Pramod S/o Shri Babu Lal Meena, Aged About 40 Years,
         R/o Gokul Dham Society Sector 8 Kudi Bhagtasani
         Housing Board District Jodhpur
2.       Hari Singh S/o Shri Hari Singh Meena, Aged About 42
         Years, R/o Gokul Dham Society Sector 8 Kudi Bhagtasani
         Housing Board District Jodhpur
3.       Krishna Parihar D/o Shri Manohar Lal, Aged About 40
         Years, Resident Of Moti Bhawan Near Rog Nidan Jalori
         Gate District Jodhpur
                                                                   ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through PP
2.       Karan Singh S/o Shri Prabhu Dayal, Resident Of A Suraj
         Bhawan Sardarpura Jodhpur District Jodhpur
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Vipin Makkad
For Respondent(s)         :     Mr. Prem Singh Panwar, PP
                                Mr. Abdul Kadir & Mr. Mohd. Sonu for
                                complainant


          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

26/08/2025

1. 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 Commissioner of

Police, Jodhpur with appropriate directions to decide the same and

issue necessary instructions to the concerned Investigating Officer.

2. Accordingly, the instant criminal misc. petition as well as stay

petition are dismissed as not pressed with liberty to the petitioners

to submit a detailed representation to the Commissioner of Police,

Jodhpur averring therein all the grounds which have been raised in

this petition within a period of 10 days from the date of receipt of

a copy of this order.

[2025:RJ-JD:37991] (2 of 2) [CRLMP-6441/2025]

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

Commissioner of Police, Jodhpur is directed to minutely and

objectively 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. Till 30 days from

the date of filing of representation, the petitioners shall not be

arrested in connection with FIR No.168/2025, registered at the

Police Station Sardarpura, District Jodhpur City West.

4. The offences alleged against the petitioners are under

Sections 406, 420 & 120-B of the IPC. Thus, the provisions

contained under Section 35 of BNSS (Sections 41 and 41A of

Cr.P.C.) 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 are absolutely necessary,

then instead of affecting arrest at once, a prior notice of 15 days

shall be given to the petitioners. The petitioners shall be at liberty

to take up all the issues at appropriate stage.

5. Pending applications, if any, also stand disposed of.

(MUKESH RAJPUROHIT),J 89-Ramesh/-

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