Jayesh Bhai vs State Of Rajasthan (2025:Rj-Jd:34637)
2025 Latest Caselaw 4232 Raj

Rajasthan High Court - Jodhpur

Jayesh Bhai vs State Of Rajasthan (2025:Rj-Jd:34637) on 5 August, 2025

[2025:RJ-JD:34637]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                S.B. Criminal Misc(Pet.) No. 6286/2025

Jayesh Bhai S/o Vinu Bhai Chouhan, Aged About 31 Years, R/o
Chittorgarh, Sadar, District Chittorgarh
                                                                          ----Petitioner
                                            Versus
1.       State Of Rajasthan, Through Pp
2.       Pradeep Singh Ranawat S/o Bhagwat Singh, R/o C-48,
         Pratap Nagar, Sadar, Dist. Chittorgarh,raj.
                                                                       ----Respondents


For Petitioner(s)                :       Mr. Bharat Shrimali
For Respondent(s)                :       Mr. Prem Singh Panwar, PP
                                         Mr. Kailash Khatri for complainant


          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order 05/08/2025

1. Learned counsel for the petitioner does not want to press the

instant criminal misc. petition. However, he seeks liberty for the

petitioner 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 as well as stay

petition are dismissed as not pressed with liberty to the petitioner

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 10 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:34637] (2 of 2) [CRLMP-6286/2025]

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. Till the

representation is decided, the petitioner shall not be arrested in

connection with FIR No.265/2025 registered at the Police Station

Sadar Chittorgarh, District Chittorgarh.

4. The offences alleged against the petitioner are under Sections

316(2), 318(4), 61(2), 238(b), 338, 336(3) and 340(2) 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

petitioner is absolutely necessary, then instead of affecting arrest

at once, a prior notice of 15 days shall be given to the petitioner.

Further the petitioner 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 109-Hanuman/-

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