Rajasthan High Court - Jodhpur
Vishal Kumar vs State Of Rajasthan (2025:Rj-Jd:35336) on 8 August, 2025
[2025:RJ-JD:35336]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4554/2025
1. Vishal Kumar S/o Late Shri Bastimal Mali, Aged About 26
Years, R/o Permanent Address- Village Khimel Tehsil Bali
District Pali Presently Residing At- 3 Shyam Villa Society
Opposite Zaveri Farm Kathvada Ahmedabad City Gujrat
2. Indra Devi W/o Late Shri Bastimal Mali, Aged About 52
Years, R/o Permanent Address- Village Khimel Tehsil Bali
District Pali Presently Residing At-3 Shyam Villa Society
Opposite Zaveri Farm Kathvada Ahmedabad City Gujrat
3. Sandeep Mali S/o Late Shri Bastimal Mali, Aged About 33
Years, R/o Permanent Address- Village Khimel Tehsil Bali
District Pali Presently Residing At-3 Shyam Villa Society
Opposite Zaveri Farm Kathvada Ahmedabad City Gujrat
4. Seema Mali W/o Sandeep Mali, Aged About 30 Years, R/o
Village And Post Khimel Tehsil Bali District Pali
5. Smt Santosh Devi W/o Mahendra Mali, Aged About 48
Years, R/o 961 Maliyo Ka Bas Dhani Khimel Tehsil Bali
District Pali
----Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Kajal Kumari @ Nisha D/o Ramesh Kumar Solanki, W/o
Vishal Kumar R/o Mahaveer Colony Sumerpur District Pali
----Respondents
For Petitioner(s) : Mr. Girish Sankhla
For Respondent(s) : Mr. Hathi Singh Jodha, Public
Prosecutor
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
08/08/2025
1. Learned counsel for the petitioners does not want to press
the instant criminal misc. petition. However, he seeks liberty for
[2025:RJ-JD:35336] (2 of 3) [CRLMP-4554/2025]
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.
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.151/2025, registered at the
Police Station Sumerpur, District Pali.
4. The offences alleged against the petitioners are under
Sections 87, 64(2)(m) & 127(2) of 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
[2025:RJ-JD:35336] (3 of 3) [CRLMP-4554/2025]
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
52-Ramesh/-
Powered by TCPDF (www.tcpdf.org)
