Rajasthan High Court - Jodhpur
Jagdish vs State Of Rajasthan (2025:Rj-Jd:34635) on 5 August, 2025
[2025:RJ-JD:34635]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6267/2025
1. Jagdish S/o Shri Nainaram, Aged About 27 Years,
Resident Of Ibre Ka Tala-Meethe Ka Tala, Police Station-
Chowtan, Tehsil-Dhanau, District-Barmer (Raj.)
2. Deeparam S/o Shri Nangaram, Aged About 29 Years,
Resident Of Hathi Tala Station, Sanawada, Police Station
Sadar, Tehsil And District Barmer (Rajasthan)
3. Kishan S/o Shri Gogaram, Aged About 20 Years, Resident
Of Ibre Ka Tala-Meethe Ka Tala, Police Station-Chowtan,
Tehsil-Dhanau, District-Barmer (Raj.)
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Smt. Leela Devi W/o Shri Gaurakharam, Aged About 45
Years, Resident Of Gandhi Nagar, Street No.- 03. Police
Station Kotwali, District- Barmer (Rajasthan)
----Respondents
For Petitioner(s) : Mr. B.L. Dudi
For Respondent(s) : Mr. H.S. Jodha, PP
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
05/08/2025
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 concerned
Superintendent of Police with appropriate directions to decide the
same and issue necessary instructions to the concerned
Investigating Officer.
[2025:RJ-JD:34635] (2 of 3) [CRLMP-6267/2025]
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
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 petitioners shall not be arrested in
connection with FIR No.511/2024 registered at the Police Station
Kotwali Barmer, District Barmer.
4. The offences alleged against the petitioners are under Sections
420, 467, 468, 471 and 120-B of the IPC. 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 be at
[2025:RJ-JD:34635] (3 of 3) [CRLMP-6267/2025]
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
97-Hanuman/-
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