Rajasthan High Court - Jodhpur
Ishwar Singh vs State Of Rajasthan (2025:Rj-Jd:34918) on 6 August, 2025
[2025:RJ-JD:34918]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4866/2025
1. Ishwar Singh S/o Shri Bhanwar Singh, Aged About 47
Years, R/o Moru Aam Rasta, Moroo, Umedpur, Jalore,
Rajasthan.
2. Mangi Lal S/o Thana Ji, Aged About 53 Years, R/o Meeno
Ka Vas, Jora, Jalore, Agawari, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Manshankar Patidar S/o Lavji Patidar, Aged About 74
Years, R/o Joghpur, Chitri, Dist. Dungarpur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Pradeep Singh Khichi
Mr. Ranvijay Singh Jodha
For Respondent(s) : Mr. Shri Ram Choudhary, Public
Prosecutor
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
06/08/2025
1. Learned counsel for the petitioners do 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.
[2025:RJ-JD:34918] (2 of 2) [CRLMP-4866/2025]
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 30 days from
the date of filing of representation, the petitioners shall not be
arrested in connection with FIR No.63/2025, registered at the
Police Station Chitri, District Dungarpur.
4. The offences alleged against the petitioners are under
Sections 303(2) of the BNS. Thus, the provisions contained under
Section 35 of BNSS (Sections 41 and 41A of Cr.P.C.) 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 are 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, also stand disposed of.
(MUKESH RAJPUROHIT),J
81-Ramesh/-
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