Rajasthan High Court - Jodhpur
Punja Ram vs State Of Rajasthan (2025:Rj-Jd:36701) on 18 August, 2025
[2025:RJ-JD:36701]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4526/2025
1. Punja Ram S/o Manaram, Aged About 62 Years, R/o
Balesar Durgawatan Tehsil Balesar, Dist. Jodhpur.
2. Santosh Kumar S/o Rewat Ram, Aged About 30 Years, R/
o Balesar Durgawatan Tehsil Balesar, Dist. Jodhpur.
3. Papu Solanki S/o Rewat Ram, Aged About 20 Years, R/o
Balesar Durgawatan Tehsil Balesar, Dist. Jodhpur.
4. Ganga Ram @ Ganga Devi W/o Rewat Ram, Aged About
58 Years, R/o Balesar Durgawatan Tehsil Balesar, Dist.
Jodhpur.
5. Anopa Ram S/o Mana Ram, Aged About 57 Years, R/o
Balesar Durgawatan Tehsil Balesar, Dist. Jodhpur.
6. Aasu Ram S/o Mana Ram, Aged About 40 Years, R/o
Balesar Durgawatan Tehsil Balesar, Dist. Jodhpur.
7. Nagaram @ Nagraj S/o Punja Ram, Aged About 30 Years,
R/o Balesar Durgawatan Tehsil Balesar, Dist. Jodhpur.
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Shanker Ram S/o Rugha Ram, R/o Village Khari Beri,
Tehsil Balesar, Dist. Jodhpur.
----Respondents
For Petitioner(s) : Mr. Raj Kumar Singh Sisodia
For Respondent(s) : Mr. H.S. Jodha, PP
Mr. J.K. Suthar
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
18/08/2025
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
[2025:RJ-JD:36701] (2 of 3) [CRLMP-4526/2025]
representation to the concerned Superintendent of Police with
appropriate directions to decide the same and issue necessary
instructions to the concerned Investigating Officer.
2. Learned Public Prosecutor submits that the investigation has
already been completed against the petitioners, and that the
petitioners were arrested and granted regular bail by the
competent Court, except petitioner No. 3.
3. 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.
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. The parties will
be at liberty to approach this Court again, if grievance arises.
5. Till 30 days from the date of filing of representation, the
petitioners shall not be arrested in connection with FIR
No.205/2022, registered at the Police Station Balesar, District
Jodhpur.
6. The offences alleged against the petitioners are under
Section 420, 467, 468, 471 and 120-B of the IPC. Thus, the
provisions contained under Section 35 of BNSS (Sections 41 and
[2025:RJ-JD:36701] (3 of 3) [CRLMP-4526/2025]
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
7. Stay petition also stands disposed of.
(MUKESH RAJPUROHIT),J
47-Hanuman/-
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