Rajasthan High Court - Jodhpur
Indermal Gandhi vs State Of Rajasthan (2025:Rj-Jd:34576) on 5 August, 2025
[2025:RJ-JD:34576]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6052/2025
1. Indermal Gandhi S/o Shri Shankermal Gandhi, Aged
About 67 Years, Resident Of 387 Ravivar Peth Sonia
Maruti Chowk Bhauri Ali Pune Bhor Pune Gramin
Maharashtra
2. Sanjay Gandhi S/o Shri Indermal Gandhi, Aged About 37
Years, Resident Of 387 Ravivar Peth Sonia Maruti Chowk
Bhauri Ali Pune Bhor Pune Gramin Maharashtra
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Pramod Kumar Chaparwal S/o Shri Sumer Singh, Aged
About 19 Years, Resident Of 222/17 Saheli Marg Udaipur
Hathipol District Udaipur
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 3648/2025
1. Rajiv Gandhi S/o Shri Indermal, Aged About 39 Years,
Resident Of 44/b Ravivar Peth Sonia Maruti Chowk,
Bhauri Ali, Pune, Bhor Pune Gramin, Maharashtra.
2. Sanjay Gandhi S/o Indermal Gandhi, Aged About 37
Years, Resident Of 387 Ravivar Peth, Sonia Maruti Chowk,
Bhauri Ali, Pune, Bhor Pune Gramin, Maharashtra.
3. Indermal Gandhi S/o Shri Shankermal Gandhi, Aged
About 67 Years, Resident Of 387 Ravivar Peth, Sonia
Maruti Chowk, Bhauri Ali, Pune, Bhor Pune Gramin,
Maharashtra.
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Pramod Kumar Chaparwal S/o Sumer Singh, Aged About
19 Years, Resident Of 222/17, Saheli Marg, Udaipur,
Hathipol, District Udaipur
----Respondents
(Downloaded on 06/08/2025 at 06:52:15 PM)
[2025:RJ-JD:34576] (2 of 3) [CRLMP-6052/2025]
For Petitioner(s) : Ms. Khushboo Palasia
For Respondent(s) : Mr. Sriram Choudhary, PP
Mr. Mohit Sharma
Mr. Anuj Sahlot
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.
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
[2025:RJ-JD:34576] (3 of 3) [CRLMP-6052/2025]
connection with FIR No.40/2025 registered at the Police Station
Hathipol, District Udaipur.
4. The offences alleged against the petitioners are under Sections
61(2), 62, 314, 318(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 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 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
69-70-Hanuman/-
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