Rajasthan High Court - Jodhpur
Surendra Singh vs State Of Rajasthan (2025:Rj-Jd:34508) on 5 August, 2025
[2025:RJ-JD:34508]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5299/2025
1. Ramdev Sharma S/o Shyam Sundar, Aged About 50
Years, R/o Purani Dhan Mandi, Surendra Nagar,
Kuchaman City, Tehsil And Dist. Deedwana-Kuchaman,raj.
2. Kamal Kumar S/o Bhanwar Lal, Aged About 26 Years, R/o
Sargoth, Tehsil Kuchaman City, District Deedwana-
Kuchaman
3. Pankaj Dixit S/o Bhawani Shankar, Aged About 30 Years,
R/o Kuchaman City, District Deedwana Kuchaman
4. Surajmal S/o Navratan Ram, Aged About 30 Years, R/o
Panwadi Roop Pura, Tehsil Kuchaman City, District
Deedwana Kuchaman
5. Akram Ali S/o Mohd Ayub, Aged About 40 Years, R/o Near
Paltan Gate, Tehsil Kuchaman City, Tehsil And District
Deedwana Kuchaman
6. Shivraj Singh S/o Narayan Singh, Aged About 40 Years,
R/o Rasaal, Tehsil Kuchaman City, District Deedwana
Kuchaman
7. Shrawan S/o Panna Ram, Aged About 37 Years, R/o
Village Rasaal, Tehsil Kuchaman City, Dist. Deedwana-
Kuchaman,raj.
----petitioners
Versus
1. State Of Rajasthan, Through The Learned Public
Prosecutor
2. Ramnarayancharya, Chela Sh. Balbhadracharya R/o
Raghunath Ji Temple, Sadar Bazar Purani Dhan Mandi,
Kuchaman City District Deedwana Kuchaman
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 5265/2025
Surendra Singh S/o Pusa Ram, Aged About 40 Years, R/o Rasal,
Maulasar District Didwana Kuchaman, Rajasthan.
----petitioners
Versus
1. State Of Rajasthan, Through Pp
(Downloaded on 06/08/2025 at 09:47:43 PM)
[2025:RJ-JD:34508] (2 of 3) [CRLMP-5299/2025]
2. Ramnarayananchary S/o Balbhadrachary, R/o Purani
Dhan Mandi Kuchaman Didwana, Kuchaman, Rajasthan
----Respondents
For petitionerss(s) : Mr. Arjun Singh
Mr. Vinod Choudhary
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.
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
[2025:RJ-JD:34508] (3 of 3) [CRLMP-5299/2025]
representation is decided, the petitioners shall not be arrested in
connection with FIR No.241/2025 registered at the Police Station
Kuchaman City, District Deedwana-Kuchaman.
4. The offences alleged against the petitioners are under Sections
319(2), 318(4), 338, 336(4), 308(2) and 61(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
38-39-Hanuman/-
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