Bhagwat Singh vs State Of Rajasthan (2025:Rj-Jd:35790)
2025 Latest Caselaw 6093 Raj

Rajasthan High Court - Jodhpur

Bhagwat Singh vs State Of Rajasthan (2025:Rj-Jd:35790) on 11 August, 2025

[2025:RJ-JD:35790]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   S.B. Criminal Misc(Pet.) No. 506/2024
Bhagwat Singh S/o Sh. Kan Singh, Aged About 39 Years, R/o
Kishore Bagh Palace, Pahadganj, Jodhpur (Raj.)
                                                                        ----Petitioner
                                       Versus
1.         State Of Rajasthan, Through PP
2.         Mohit Singh Rathore S/o Sh. Rajendra Singh Rathore,
           Presently Posted As Legal Officer, Adani Capital Branch,
           Osiyan (Raj.)
                                                                     ----Respondents


For Petitioner(s)             :    Mr. Gajendra Panwar
For Respondent(s)             :    Mr. Narendra Singh Chandawat, Public
                                   Prosecutor
                                   Mr. Himmat Jagga for complainant


           HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

11/08/2025

1. 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 Commissioner of

Police, Jodhpur 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 petitioner

to submit a detailed representation to the Commissioner of Police,

Jodhpur 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

Commissioner of Police, Jodhpur is directed to minutely and

[2025:RJ-JD:35790] (2 of 2) [CRLMP-506/2024]

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

02.07.2024 already granted by a Coordinate Bench of this Court

shall remain in currency.

4. The offences alleged against the petitioner are under

Sections 323, 376(2)(n), 384 of the IPC and Sections 5/6 of the

POCSO Act. 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

petitioner are 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 be at liberty to raise all

permissible objections and issues before the trial court at the

appropriate stage of proceedings and also to approach this Court

again, if occasion arise.

5. Pending applications, if any, also stand disposed of.

(MUKESH RAJPUROHIT),J 23-Ramesh/-

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