Rajasthan High Court - Jodhpur
Shoaib Akhtar vs State Of Rajasthan (2025:Rj-Jd:34434) on 5 August, 2025
[2025:RJ-JD:34434]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2800/2025
Siraj Khan S/o Shri Hussain Khan, Aged About 45 Years, R/o
Roshan Nagar Savina Udaipur, District Udaipur (Rajasthan)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Chaganlal S/o Shri Unknown, Aged About 34 Years,
Presently Posted As Constable No. 2533 At Police Savina
Udaipur District Udaipur (Rajasthan)
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 1821/2025
Shoaib Akhtar S/o Riyaj Mohammad, Aged About 28 Years, R/o
3164, Roshan Colony, Savina, Dist. Udaipur, Rajasthan.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Chhagan Lal, Fc 2533, Constable At Ps - Savina, Dist.
Udaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Firoz Khan.
Mr. Sourabh Soni.
For Respondent(s) : Mr. Narendra Singh, PP.
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
05/08/2025
In S.B. Criminal Misc(Pet.) No. 2800/2025 :-
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
[2025:RJ-JD:34434] (2 of 4) [CRLMP-2800/2025]
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
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.81/2025 registered at the Police Station
Savina, District Udaipur.
4. The offences alleged against the petitioner are under Sections
111(3), 111(4) and 112(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 petitioner is absolutely necessary,
[2025:RJ-JD:34434] (3 of 4) [CRLMP-2800/2025]
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.
In S.B. Criminal Misc(Pet.) No. 1821/2025:-
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
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 07.03.2025
already granted by a Coordinate Bench of this Court shall remain
in currency.
[2025:RJ-JD:34434] (4 of 4) [CRLMP-2800/2025]
4. The offences alleged against the petitioner are under Sections
111(3), 111(4) and 112(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 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
18-19-Jitender//-
Powered by TCPDF (www.tcpdf.org)
