Anuj Kumar vs State Of Rajasthan (2025:Rj-Jd:35322)
2025 Latest Caselaw 5991 Raj

Rajasthan High Court - Jodhpur

Anuj Kumar vs State Of Rajasthan (2025:Rj-Jd:35322) on 8 August, 2025

[2025:RJ-JD:35322]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 3608/2025

Anuj Kumar S/o Indraj Choudhary, Aged About 34 Years, R/o L
270 Ward No 40 Bijli Basti Hanumangarh Juncation
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Sultan S/o Shri         Ram       Lal,    R/o     12    Mwm    Pilibanga
         Hanumangarh
                                                                 ----Respondents


For Petitioner(s)         :     Ms. Sonika for Mr. D.S. Thind
For Respondent(s)         :     Mr. Narendra Singh, PP



          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

08/08/2025

1. After arguing for some time, learned counsel for the

petitioner does not want to press the instant criminal misc.

petition. However, he seeks liberty for the petitioner 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 is disposed of

as not pressed with liberty to the petitioner 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 07 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

[2025:RJ-JD:35322] (2 of 2) [CRLMP-3608/2025]

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. The parties will

be at liberty to approach this Court again, if grievance arises.

4. Till 30 days from the date of filing of representation, the

petitioner shall not be arrested in connection with FIR

No.86/2023, registered at the Police Station Hanumangarh Town,

District Hanumangarh.

5. The offences alleged against the petitioner are under

Sections 420, 409, 423, 467, 468 and 471 of the IPC. 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 petitioner is

absolutely necessary, then instead of affecting arrest at once, a

prior notice of 15 days shall be given to the petitioner. Further the

petitioner shall also be at liberty to raise all permissible objections

and issues before the trial court at the appropriate stage of

proceedings

6. Stay petition also stands disposed of.

(MUKESH RAJPUROHIT),J

30-Hanuman/-

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