Rajasthan High Court - Jodhpur
Krishan Lal vs State Of Rajasthan (2025:Rj-Jd:36437) on 14 August, 2025
[2025:RJ-JD:36437]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2446/2025
Krishan Lal S/o Ganga Bishnoi, Aged About 60 Years, Resident Of
18Np Dhani, Tehsil Raisinghnagar, District Sriganganagar.
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Vikram S/o Deshraj, R/o 18 NP, Tehsil Raisinghnagar,
District Sriganganagar.
----Respondents
For Petitioner(s) : Mr. Vikram Singh Jaitawat
For Respondent(s) : Mr. Hathi Singh Jodha, Public
Prosecutor
Mr. Ashok Kumar for the complainant
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
14/08/2025
1. It is contended by learned counsel for the petitioner that
after investigation, offence under Section 307 IPC (109 BNS) is
not found proved against the petitioner.
2. In this event, 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.
3. 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 concerned
Superintendent of Police 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.
[2025:RJ-JD:36437] (2 of 2) [CRLMP-2446/2025]
4. In the event, the representation is submitted, the concerned
Superintendent of Police is directed to minutely and 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 petitioner shall not be
arrested in connection with FIR No.364/2024, registered at the
Police Station Raisingh Nagar, District Sriganganagar.
5. The offences alleged against the petitioner are under
Sections 329(3), 115(2), 126(2) & 189(2) of BNS. 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 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 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, also stand disposed of.
(MUKESH RAJPUROHIT),J
33-Ramesh/-
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