Rajasthan High Court - Jodhpur
Ashok Rao vs State Of Rajasthan (2025:Rj-Jd:34895) on 6 August, 2025
[2025:RJ-JD:34895]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6316/2025
1. Ashok Rao S/o Kalu Ram, Aged About 35 Years, R/o
Masuria Colony, near Baba Ramdev Temple, Devnagari
Jodhpur City West District Jodhpur
2. Prasanna Hans S/o Meharban Hans, Aged About 38 Years,
R/o 429-430, Kamla Nagar, HUDCO Quarters, Pratap
Nagar Sadar, Jodhpur City West, District Jodhpur
----Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Raju Ram S/o Hari Ram, R/o DPS Chauraha, Balaji Nagar,
Chaupasani Housing Board, Jodhpur Cirty West, District
Jodhpur
----Respondents
For Petitioner(s) : Mr. Hitendra Singh Rathore
For Respondent(s) : Mr. Narendra Singh Chandawat, 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 Commissioner of
Police, Jodhpur 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 Commissioner of Police,
Jodhpur 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:34895] (2 of 2) [CRLMP-6316/2025]
3. In the event, the representation is submitted, the
Commissioner of Police, Jodhpur 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.240/2025, registered at the
Police Station Udai Mandir, District Jodhpur City East.
4. The offences alleged against the petitioners are under
Sections 318(4), 316(2), 338, 336(3), 340(2) & 61(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
138-Ramesh/-
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