Vikram Gosawami vs State Of Rajasthan (2025:Rj-Jd:35813)
2025 Latest Caselaw 6063 Raj

Citation : 2025 Latest Caselaw 6063 Raj
Judgement Date : 11 August, 2025

Rajasthan High Court - Jodhpur

Vikram Gosawami vs State Of Rajasthan (2025:Rj-Jd:35813) on 11 August, 2025

[2025:RJ-JD:35813]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc. Appli No. 491/2025

Vikram Gosawami S/o Ujagar Singh, Aged About 36 Years, R/o
House No 51-52 Gali No. 2 Vini Hp Gusa Agency Ke Pas, Patak
Vihar Colony, Kotwali Patiyala, Punjab.
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through PP
2.       Sunita Goswami W/o Vikram Gosawami, Ward No. 24,
         Sardar Sahar, District Churu
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Shreekant Verma
For Respondent(s)         :     Mr. Sriram Choudhary, PP



          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

11/08/2025 The instant misc. application has been filed on behalf of the

petitioner for correction in the order dated 05.08.2025 passed by

this Court in S.B. Criminal Misc. Petition No.5984/2025

(Vikram Gosawami Vs. State of Rajasthan & Anr.).

Learned counsel for the petitioner submits that the petitioner

had approached this Court by way of filing the aforementioned

criminal misc. petition for quashing of FIR; however, this Court

vide order dated 05.08.2025 dismissed that petition as not

pressed while directing the petitioner to file a representation

before the concerned Superintendent of Police within 30 days as

well as directing the Investigating Agency to give 15 days' prior

notice before affecting the arrest of the petitioner, as per the

provision of Section 35 of BNSS (Sections 41 and 41-A of Cr.P.C.).

[2025:RJ-JD:35813] (2 of 3) [CRLMA-491/2025]

It is submitted that due inadvertence, an incorrect direction for

fair and impartial investigation was typed in the said order. Thus,

it is prayed that the order may kindly be rectified and necessary

directions be issued accordingly.

Having considered the submissions advanced and on perusal

of the order in which correction is sought, it is evident that an

inadvertent error arose in the order dated 05.08.2025, whereby

an incorrect direction for fair and impartial investigation was

inserted, instead of the intended direction permitting the

petitioner to file a representation before the concerned

Superintendent of Police.

Accordingly, the instant application is allowed.

The order dated 05.08.2025 passed by this Court in S.B.

Criminal Misc. Petition No. 5984/2025 (Vikram Goswami

vs. State of Rajasthan & Anr.) stands rectified and the correct

order shall now read as follows: :-

"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

[2025:RJ-JD:35813] (3 of 3) [CRLMA-491/2025]

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. 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.194/2025, registered at the Police Station Sardarshahar, District Churu.

5. The offences alleged against the petitioner is under Sections 74, 85, 89, 316(2) of the BNS. 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