Rajasthan High Court - Jodhpur
Rahul Soni vs State Of Rajasthan (2025:Rj-Jd:34661) on 6 August, 2025
[2025:RJ-JD:34661]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2286/2025
1. Raju Lal Choudhary S/o Madhu Lal Choudhary, Aged
About 27 Years, Harni Mahadev Road Tejaji Chowk Ke
Pass, Ganw-Harni Kalan, Bhilwara
2. Sanwarmal Jat S/o Ladu Lal Jat, Aged About 25 Years, R/
o Main Road,w.no.-33, Harni Kalan, Bhilwara.
3. Babu Lal Khatik S/o Jagdish Chandar, Aged About 32
Years, R/o Jujarji Ke Pass Dadavadi, Bhilwara.
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Rajat Ranka S/o Navratan Mal Ranka, R/o Shahstrinagar,
Bhilwara, Kotwali Bhilwara.
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 1735/2025
Rahul Soni S/o Shri Balkishan @ Chhotu Lal Soni, Aged About 32
Years, R/o Nagori Garden, Dist. Bhilwara.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Rajat Ranka S/o Shri Navratan Mal Ranka, R/o A 53,
Shashtri Nagar, Bhilwara Kotwali, Dist. Bhilwara.
----Respondents
S.B. Criminal Misc(Pet.) No. 2054/2025
Rahul Gurjar S/o Jaydev Gurjar, Aged About 34 Years, R/o 216
Hanuman Mohalla, Sankda, Dist. Bhilwara.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Rajat Ranka S/o Navratan Mal Ranka, R/o 53 Shastri
Nagar Dist. Bhilwara.
----Respondents
For Petitioner(s) : Mr. N.K. Gurjar.
Mr. Bharat Gurjar.
Mr. Hardik Gautam for Mr. Rakesh
Arora.
Mr. Jaipal Singh.
For Respondent(s) : Mr. Narendra Singh, PP.
Mr. Deepak Menaria.
Mr. Naresh Khatri.
Mr. Piyush Chouhan.
(Downloaded on 07/08/2025 at 09:46:30 PM)
[2025:RJ-JD:34661] (2 of 3) [CRLMP-2286/2025]
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
06/08/2025
1. Learned counsels for the petitioners do not want to press these
criminal misc. petitions. However, They seek liberty for the
petitioners to submit representations 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 criminal misc. petitions as well as stay petitions
are dismissed as not pressed with liberty to the petitioners to
submit detailed representations to the concerned Superintendent
of Police averring therein all the grounds which have been raised
in these petitions within a period of 07 days from the date of
receipt of a copy of this order.
3. In the event, the representations are 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 representations shall also be taken into
consideration. The representations shall be decided within a period
of 30 days from the date of receipt of the same. Till the
representations are decided, the interim orders dated 21.03.2025,
12.03.2025 and 04.03.2025, respectively, already granted by a
Coordinate Bench of this Court shall remain in currency.
4. The offence alleged against the petitioners are under Section
316(2), 318(4), 308(5), 115(2), 126(2) and 127(2) of BNS, 2023.
[2025:RJ-JD:34661] (3 of 3) [CRLMP-2286/2025]
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 these cases, 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, stand disposed of.
(MUKESH RAJPUROHIT),J
38-39-40Jitender
Powered by TCPDF (www.tcpdf.org)
