Rajasthan High Court - Jodhpur
Natwar Singh vs State Of Rajasthan (2025:Rj-Jd:35598) on 11 August, 2025
[2025:RJ-JD:35598]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 88/2025
1. Natwar Singh S/o Man Singh, Aged About 33 Years, R/o
Village Hariyadana, Borunda, Dist. Jodhpur
2. Kishan Singh @ Pradeep Singh S/o Shambhu Singh, Aged
About 45 Years, R/o Village Hariyadan, Borunda, Dist.
Jodhpur
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Bharat S/o Manu Sen, R/o Village Hariyadana, Borunda,
Dist. Jodhpur
----Respondents
For Petitioner(s) : Mr. Rajendra Singh Chouhan.
For Respondent(s) : Mr. Narendra Singh, PP.
Mr. Aman Gaur for complainant.
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
11/08/2025
1. After arguing for some time, learned counsel for the
petitioners do not want to press the instant criminal misc. petition.
However, he seeks liberty for 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 is disposed of
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 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
[2025:RJ-JD:35598] (2 of 2) [CRLMP-88/2025]
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.
4. Till 30 days from the date of filing of representation, the
petitioners shall not be arrested in connection with FIR
No.115/2024, registered at the Police Station Borunda, District
Jodhpur.
5. The offence alleged against the petitioners is under Section
329(3) the BNS, 2023. 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 petitioners is 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 also be at liberty to
raise all permissible objections and issues before the trial court at
the appropriate stage of proceedings
6. Pending applications, if any, stand disposed of.
(MUKESH RAJPUROHIT),J
9-/Jitender//-
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