Rajasthan High Court - Jodhpur
Asha Rajput vs State Of Rajasthan (2025:Rj-Jd:35706) on 11 August, 2025
[2025:RJ-JD:35706]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4781/2025
1. Asha Rajput D/o Kan Singh, Aged About 21 Years, Savina
Gramin, Naya Ghar Th Girwa, Nela, Po Udaipur Shastri
Circle, District Udaipur, Rajasthan
2. Lila Devi W/o Kan Singh, Aged About 64 Years, Savina
Gramin, Naya Ghar, Nela, Udaipur Shastri Circle, District
Udaipur, Rajasthan
3. Jai Prakash Chaturvedi S/o Himmat Ram Chaturvedi,
Aged About 32 Years, 87 Gandhi Nagar Sector 14
Goverdhan Vilas (Rural), Udaipur Shastri Circle, District
Udaipur, Rajasthan
4. Mohammad Asif S/o Gani Mohammad, Aged About 36
Years, 24 Chabila Bheru Marg, Girwa, Udaipur Shastri
Circle, District Udaipur, Rajasthan
5. Debilal Daroga S/o Ladu Lal Daroga, Aged About 25
Years, Peethas, Mandal, Bhilwara, Rajasthan
----Petitioners
Versus
1. State Of Rajasthan, PP
2. Bhagwat Soni S/o Late Nilkhant Soni, Aged About 18
Years, 113, Jagdish Marg, Sivana, Udaipur, Rajasthan
----Respondents
For Petitioner(s) : Mr. Naman Mohnot
For Respondent(s) : Mr. Hathi Singh Jodha, Public
Prosecutor
Mr. Bharat Singh for Mr. Shambhoo
Singh for complainant
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
11/08/2025
1. Learned counsel for the petitioners does not want to press
the instant criminal misc. petition. However, he seeks liberty for
the petitioners to submit a representation to the concerned
[2025:RJ-JD:35706] (2 of 3) [CRLMP-4781/2025]
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 interim order dated
04.07.2025 already granted by a Coordinate Bench of this Court
shall remain in currency.
4. The offences alleged against the petitioners are under
Sections 318(4) & 316(2) of the 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
proved and the arrest of the petitioners are absolutely necessary,
[2025:RJ-JD:35706] (3 of 3) [CRLMP-4781/2025]
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. Learned Public Prosecutor is directed to send back the case
diary to the concerned Investigating Officer.
6. Pending applications, if any, also stand disposed of.
(MUKESH RAJPUROHIT),J
61-Ramesh/-
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