Tej Singh vs State Of Rajasthan (2025:Rj-Jd:36637)
2025 Latest Caselaw 6325 Raj

Rajasthan High Court - Jodhpur

Tej Singh vs State Of Rajasthan (2025:Rj-Jd:36637) on 14 August, 2025

[2025:RJ-JD:36637]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 6227/2025

Tej Singh S/o Hanuman Singh, Aged About 30 Years, Resident Of
Sewaria, Tehsil Jaitaran, District Pali.
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Ravina Chohan D/o Shri Bhawani Singh, Resident Of
         Idawa Tehsil Degana District Nagaur
                                                                 ----Respondents


For Petitioner(s)         :     Ms. Anuradha through VC
For Respondent(s)         :     Mr. Sriram Choudhary, PP



          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

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:36637] (2 of 2) [CRLMP-6227/2025]

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

petitioners shall not be arrested in connection with FIR

No.318/2024, registered at the Police Station Degana, District

Nagaur.

5. The offences alleged against the petitioners are under

Section 86, 316(2), 115(2) of 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 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 69-Hanuman/-

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