Pankaj Jangid vs State Of Rajasthan (2025:Rj-Jd:35990)
2025 Latest Caselaw 6207 Raj

Rajasthan High Court - Jodhpur

Pankaj Jangid vs State Of Rajasthan (2025:Rj-Jd:35990) on 12 August, 2025

[2025:RJ-JD:35990]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 6427/2025

Pankaj Jangid S/o Shrawan Ram, Aged About 24 Years, Kahiyo
Ka Bass Ramsari Ren District Nagaur
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through P P
2.       Surendra Singh S/o Asu Singh, Hudeel Degana P.s
         Degana District Nagaur Rajasthan
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Saurabh Punia.
For Respondent(s)         :     Mr. Narendra Singh, PP.



          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

12/08/2025

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 concerned

Superintendent of Police is directed to minutely and objectively

[2025:RJ-JD:35990] (2 of 2) [CRLMP-6427/2025]

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. The offences alleged against the petitioners are under

Sections 143, 341, 353, 384 and 452 of IPC. 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

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

(MUKESH RAJPUROHIT),J 268-/Jitender//-

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