Puran Chand vs State Of Rajasthan (2025:Rj-Jd:36896)
2025 Latest Caselaw 9554 Raj

Rajasthan High Court - Jodhpur

Puran Chand vs State Of Rajasthan (2025:Rj-Jd:36896) on 18 August, 2025

[2025:RJ-JD:36896]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                S.B. Criminal Misc(Pet.) No. 6637/2025

Puran Chand S/o Kalyan Prasad, Aged About 75 Years, Nehru
Colony, Khejarla Road, Pipar City, Tehsil- Pipar, District- Jodhpur
(Raj.)
                                                                          ----Petitioner
                                           Versus
1.       State Of Rajasthan, Through Pp
2.       Mohd Rafiq S/o Abdul Jalil, Resident Of Vyapariyon Ka
         Mohalla, Pipar City, Tehsil- Pipar, Jodhpur (Raj.)
                                                                       ----Respondents


For Petitioner(s)                :       Mr. Kan Singh Oad
For Respondent(s)                :       Mr. Prem Singh Panwar, PP
                                         Mr. Sumer Singh Jodha



          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

18/08/2025

1. 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 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 07 days from

the date of receipt of a copy of this order.

[2025:RJ-JD:36896] (2 of 2) [CRLMP-6637/2025]

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. Till the

representation is decided, the petitioner shall not be arrested in

connection with FIR No.206/2025 registered at the Police Station

Pipar Shahar, District Jodhpur (Rural).

4. The offences alleged against the petitioner are under Sections

318(4), 314, 338, 336(3), 340(2) and 61(2) of IPC. 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 be at liberty to raise all permissible objections and

issues before the trial court at the appropriate stage of

proceedings

5. Pending applications, if any, stand disposed of.

(MUKESH RAJPUROHIT),J 144-mSingh/-

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