Rajasthan High Court - Jodhpur
Dhanna vs State Of Rajasthan (2025:Rj-Jd:35750) on 11 August, 2025
[2025:RJ-JD:35750]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5987/2025
1. Dhanna S/o Poona, Aged About 55 Years, R/o Bujha, Post
Daiya, Tehsil Jhadol, District Udaipur, Rajasthan.
2. Bhuri Alias Kurki D/o Poona, Aged About 53 Years, R/o
Bujha, Post Daiya, Tehsil Jhadol, District Udaipur,
Rajasthan.at Present Sabar Kantha Bhakra, Gujarat.
----Petitioners
Versus
1. State Of Rajasthan, Through P.p.
2. Ravikant S/o Late Shri Thavra Gameti, R/o Bujha, Tehsil
Jhadol (Fa.), District Udaipur, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Tushar Moad.
For Respondent(s) : Mr. Narendra Singh, PP.
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:35750] (2 of 2) [CRLMP-5987/2025]
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.53/2025, registered at the Police Station Panarwa, District
Udaipur.
5. The offences alleged against the petitioners are under
Sections 318(4), 337, 338 and 340(2) of 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
96-/Jitender//-
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