Rajasthan High Court - Jodhpur
Sharwan Ram Dewasi vs State Of Rajasthan (2025:Rj-Jd:34444) on 5 August, 2025
[2025:RJ-JD:34444]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4867/2025
1. Prema Ram S/o Polaram Devasi, Aged About 30 Years, R/
o Lunawas Kalla, Tehsil Luni, Dist. Jodhpur.
2. Mishri Lal S/o Shaitan Ram, Aged About 28 Years, R/o
Lunawas Kalla, Tehsil Luni, Dist. Jodhpur.
3. Ghevar Ram S/o Polaram Devasi, Aged About 26 Years,
R/o Lunawas Kalla, Tehsil Luni, Dist. Jodhpur.
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Bhanwara Ram S/o Hameer Ram Devasi, R/o Village Sinli,
Police Station Jhanwar, Dist. Jodhpur.
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 5003/2025
1. Sharwan Ram Dewasi S/o Polaram, Aged About 41 Years,
R/o Lunawas Kallan, Tehsil Luni, District Jodhpur
2. Khrta Ram S/o Harji, Aged About 62 Years, R/o Raiko Ka
Bas, Kalijal, Tehsil Luni, District Jodhpur.
3. Mangi Lal S/o Gokal Ram, Aged About 47 Years, R/o Near
Megar, Lunawas Kallan, Tehsil Luni, District Jodhpur
4. Shaitanram S/o Modaram, Aged About 57 Years, R/o
Raiko Ki Dhani, Lunawas Kallan, Tehsil Luni, District
Jodhpur.
5. Bhavraram S/o Asharam, Aged About 57 Years, R/o Raiko
Ki Dhani, Lunawas Kallan, Tehsil Luni, District Jodhpur.
6. Mala Ram, Aged About 66 Years, R/o Raiko Ki Dhani,
Lunawas Kallan, Tehsil Luni, District Jodhpur.
7. Badar Ram, Aged About 48 Years, R/o Raiko Ki Dhani,
Lunawas Kallan, Tehsil Luni, District Jodhpur
8. Kaluram, Aged About 79 Years, R/o Dewasiyon Ka Bas,
Khatawas, Khudala, Tehsil Luni, District Jodhpur.
9. Amara Ram, Aged About 69 Years, R/o Dewasiyon Ka Bas,
Khatawas, Khudala, Tehsil Luni, District Jodhpur.
10. Ghisa Ram, Aged About 72 Years, R/o Dewasiyon Ka Bas,
Khatawas, Khudala, Tehsil Luni, District Jodhpur.
(Downloaded on 05/08/2025 at 09:49:18 PM)
[2025:RJ-JD:34444] (2 of 5) [CRLMP-4867/2025]
11. Bheraram, Aged About 74 Years, R/o Dewasiyon Ka Bas,
Khatawas, Khudala, Tehsil Luni, District Jodhpur.
12. Mehraram, Aged About 51 Years, R/o 36, Raiko Ka Bas,
Lunawas Charna, Tehsil Luni, District Jodhpur
13. Dolaram, Aged About 60 Years, R/o Village Khatawas,
Tehsil Jhanwar, District Jodhpur.
14. Urja Ram, Aged About 58 Years, R/o Lunawas Kallan,
Tehsil Luni, District Jodhpur.
15. Chotha Ram, Aged About 56 Years, R/o Village
Baniyawas, Tehsil Luni, District Jodhpur.
16. Bheekha Ram, Aged About 55 Years, R/o Village Khejarali,
Tehsil Luni, District Jodhpur.
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Bhanwara Ram, Village Sinli, Police Station Jhanwar,
District Jodhpur.
----Respondents
For Petitioner(s) : Mr. Moti Singh.
For Respondent(s) : Mr. HS Jodha, PP.
Mr. Nishant Bora for complainant.
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
05/08/2025
In S.B. Criminal Misc(Pet.) No. 4867/2025 :-
1. Learned counsel for the petitioners do not want to press the
instant criminal misc. petition. However, he submits that the FIR
arises out of a matrimonial dispute involving certain financial
transactions between the petitioners and the complainant. Thus,
he seeks liberty for the petitioners to submit a representation to
the concerned DCP, West with appropriate directions to decide the
[2025:RJ-JD:34444] (3 of 5) [CRLMP-4867/2025]
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 concerned DCP, West
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
DCP, West 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 the representation is decided,
the interim order dated 26.06.2025 already granted by a
Coordinate Bench of this Court shall remain in currency.
4. The offence alleged against the petitioners are under Section
308(2) of BNS, 2023. 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 are 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 be at liberty to
[2025:RJ-JD:34444] (4 of 5) [CRLMP-4867/2025]
raise all permissible objections and issues before the trial court at
the appropriate stage of proceedings
5. Pending applications, if any, stand disposed of.
In S.B. Criminal Misc(Pet.) No. 5003/2025 :-
1. Learned counsel for the petitioners do not want to press the
instant criminal misc. petition. However, he submits that the FIR
arises out of a matrimonial dispute involving certain financial
transactions between the petitioners and the complainant. Thus,
he seeks liberty for the petitioners to submit a representation to
the concerned DCP, West 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 concerned DCP, West
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
DCP, West 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 the representation is decided,
the petitioner shall not be arrested in connection with FIR
[2025:RJ-JD:34444] (5 of 5) [CRLMP-4867/2025]
No.76/2025 registered at the Police Station Jhanwar, District
Jodhpur.
4. The offence alleged against the petitioners are under Section
308(2) of BNS, 2023. 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 are 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 be at liberty to
raise all permissible objections and issues before the trial court at
the appropriate stage of proceedings
5. Pending applications, if any, stand disposed of.
(MUKESH RAJPUROHIT),J
60-61-/Jitender//-
Powered by TCPDF (www.tcpdf.org)
