Rajasthan High Court - Jodhpur
Prema Ram vs State Of Rajasthan (2025:Rj-Jd:35382) on 8 August, 2025
[2025:RJ-JD:35382]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 3692/2025
Prema Ram S/o Moola Ram, Aged About 48 Years, R/o Lakhasar,
Pabusar, Shergarh, Dist. Jodhpur Rural
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Sharwan Ram S/o Surja Ram, Presently Posted As Head
Constable No. 153, P.s. Shergarh, Dist. Jodhpur Rural
----Respondents
For Petitioner(s) : Mr. Shreekant Verma
Mr. Swaroop Singh
For Respondent(s) : Mr. H.S. Jodha, 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:35382] (2 of 2) [CRLMP-3692/2025]
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.117/2025, registered at the Police Station Shergarh, District
Jodhpur Rural.
5. The offences alleged against the petitioner are under
Sections 125 of the BNS and Section 3/25(9) of the Arms Act.
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
34-Hanuman/-
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