Rajasthan High Court - Jodhpur
Vishav Deepak Jyani vs State Of Rajasthan (2025:Rj-Jd:34567) on 5 August, 2025
[2025:RJ-JD:34567]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6008/2025
1. Vishav Deepak Jyani S/o Ramesh Kant Jyani, Aged About
39 Years, R/o Jyani Farm House, Chak 15 Hmh, Ward No.
31, Hanumangarh Town, District Hanumangarh,
Rajasthan
2. Ramesh Kant Jyani S/o Ram Savroop Jyani, Aged About
71 Years, Jyani Farm House, Chak 15 Hmh, Ward No. 31,
Hanumangarh Town, District Hanumangarh, Rajasthan
3. Kiran Jyani W/o Ramesh Kant Jyani, Aged About 60 Years,
Jyani Farm House, Chak 15 Hmh, Ward No. 31,
Hanumangarh Town, District Hanumangarh, Rajasthan
4. Devender Kant Jyani S/o Ram Savroop Jyani, Aged About
69 Years, Jyani Farm House, Chak 15 Hmh, Ward No. 31,
Hanumangarh Town, District Hanumangarh, Rajasthan
----petitioners
Versus
1. State Of Rajasthan, Through PP
2. Shalu W/o Vishav Deepak Jyani, Aged About 27 Years, R/
o Fatuhi, Hindumalkot, Tehsil And District Sri Ganganagar,
Rajasthan Currently Residing At Gali No. 3, Ward No.
09/13, Purani Abadi, Sri Ganganagar, District Sri
Ganganagar, Rajasthan.
----Respondents
For petitioners(s) : Mr. Venkat Poonia
For Respondent(s) : Mr. Sriram Choudahry, PP
Mr. A.R. Malkani for complainant
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
05/08/2025
1. Mr. A.R. Malkani, learned counsel puts in appearance on
behalf of the respondent No.2. Hence, service is complete.
2. Learned counsel for the petitioners does not want to press the
instant criminal misc. petition. However, he seeks liberty for the
[2025:RJ-JD:34567] (2 of 3) [CRLMP-6008/2025]
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.
3. 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.
4. 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.88/2025 registered at the Police Station
Mahila Thana (Ganga Nagar), District Ganga Nagar.
5. The offences alleged against the petitioners are under Sections
406 and 498-A 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
[2025:RJ-JD:34567] (3 of 3) [CRLMP-6008/2025]
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
6. Pending applications, if any, stand disposed of.
(MUKESH RAJPUROHIT),J
67-Hanuman/-
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