Ajit Singh vs State Of Rajasthan (2025:Rj-Jd:36780)
2025 Latest Caselaw 9555 Raj

Rajasthan High Court - Jodhpur

Ajit Singh vs State Of Rajasthan (2025:Rj-Jd:36780) on 18 August, 2025

[2025:RJ-JD:36780]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 5274/2025

1.       Ajit Singh S/o Bhinv Singh, Aged About 43 Years, R/o
         Ward No. 06, Khara, District Bikaner.
2.       Bhanwar Singh S/o Mool Singh, Aged About 45 Years, R/o
         Raisar, District Bikaner.
                                                                   ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Ratni Devi D/o Durga Ram, Aged About 56 Years, R/o C-
         58, Kanta Khaturiya Colony, Bikaner.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. H.S. Shrimali
For Respondent(s)         :     Mr. Sriram Choudhary, PP



          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

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:36780] (2 of 2) [CRLMP-5274/2025]

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.81/2024, registered at the Police Station Jamsar, District

Bikaner.

5. The offences alleged against the petitioners are under

Section 420, 467, 468, 471, 447, 427, 379 and 120-B of the 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

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 80-Hanuman/-

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