Smt. Rekha vs State Of Rajasthan (2025:Rj-Jd:36095)
2025 Latest Caselaw 6223 Raj

Rajasthan High Court - Jodhpur

Smt. Rekha vs State Of Rajasthan (2025:Rj-Jd:36095) on 12 August, 2025

[2025:RJ-JD:36095]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 6583/2025

Smt. Rekha W/o Sh.rajendra Singh, Aged About 49 Years, R/o
3185, Mandore Garden Ke Bahar, Mandore Jodhpur. Rajasthan
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Sumit Gehlot S/o Sh. Kana Ram Gehlot, R/o Lal Bagh,
         Nagori Bera, Police Station Mandore, Jodhpur, Rajasthan.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Pankaj Awasthi
For Respondent(s)         :     Mr. Narendra Singh Chandawat, 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:36095] (2 of 2) [CRLMP-6583/2025]

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. The parties will

be at liberty to approach this Court again, if grievance arises.

4. Till 30 days from the date of filing of representation, the

petitioner shall not be arrested in connection with FIR

No.163/2025, registered at the Police Station Mandore, District

Jodhpur City East.

5. The offences alleged against the petitioner are under

Sections 305(a) of the BNS. 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

6. Stay petition also stands disposed of.

(MUKESH RAJPUROHIT),J 291-Hanuman/-

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