Rajasthan High Court - Jodhpur
Sharwan Singh vs State Of Rajasthan (2025:Rj-Jd:36371) on 14 August, 2025
[2025:RJ-JD:36371]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 2939/2025
1. Sharwan Singh S/o Gheesu Singh, Aged About 35 Years,
Ghanchiyo Ki Gali, Roopawas, Pali, Rajasthan.
2. Mukesh S/o Gheesu Singh, Aged About 33 Years,
Ghanchiyo Ki Gali, Roopawas, Pali, Rajasthan.
3. Prakash Vaishnav S/o Mool Das, Aged About 36 Years,
Kharchi, P.s. Marwar Jucntion, Pali, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, State Of Rajasthan, Through Public
Prosecutor.
2. Hari Singh S/o Megh Singh, Chhawadiya, Marwar
Junction, Pali, Rajasthan.
----Respondents
For Petitioner(s) : Mr. Dinesh Kumar Godara
For Respondent(s) : Mr. Narendra Singh Chandawat, PP
Mr. Mahaveer Singh for resp. No.2.
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
14/08/2025
1. After arguing for some time, learned counsel for the
petitioners does 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
[2025:RJ-JD:36371] (2 of 3) [CRLMP-2939/2025]
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
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
petitioners shall not be arrested in connection with FIR
No.27/2025, registered at the Police Station Marwar Junction Pali,
District Pali.
5. The offences alleged against the petitioners are under
Section 140(3), 115(2) and 3(5) 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 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
[2025:RJ-JD:36371] (3 of 3) [CRLMP-2939/2025]
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
19-Hanuman/-
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