Smt Neeta vs State Of Rajasthan (2025:Rj-Jd:34506)
2025 Latest Caselaw 4274 Raj

Rajasthan High Court - Jodhpur

Smt Neeta vs State Of Rajasthan (2025:Rj-Jd:34506) on 5 August, 2025

[2025:RJ-JD:34506]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                S.B. Criminal Misc(Pet.) No. 4889/2025

1.       Smt Neeta W/o Late Shri Ls Panwar, Aged About 60
         Years, Resident Of 301 Near Ayurvedic College Ambamata
         Udaipur
2.       Mayank Singh S/o Late Shir Ls Panwar, Aged About 35
         Years, Resident Of 301 Near Ayurvedic College Ambamata
         Udaipur
                                                                         ----Petitioners
                                            Versus
1.       State Of Rajasthan, Through Pp
2.       Ramesh Maru S/o Prithvi Raj Maru, Aged About 53 Years,
         Resident Of 53 Mahaveer Nagar Behind Vidhya Niketan
         School Sector No. 04 Police Station Hiranmagari District
         Udaipur
                                                                       ----Respondents


For Petitioner(s)                :       Mr. Naresh Khatri
For Respondent(s)                :       Mr. H.S. Jodha, PP
                                         Mr. Anuj Sahlot


          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.

[2025:RJ-JD:34506] (2 of 2) [CRLMP-4889/2025]

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.321/2024 registered at the Police Station

Ambamata, District Udaipur.

4. The offences alleged against the petitioner are under Sections

420, 406 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 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 36-Hanuman/-

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