Rajasthan High Court - Jodhpur
Prakash Lal Dangi vs State Of Rajasthan (2025:Rj-Jd:36719) on 18 August, 2025
[2025:RJ-JD:36719]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4980/2025
Prakash Lal Dangi S/o Shri Ram Lal, Aged About 36 Years, R/o
842, Bichhadi Magari, Bichhadi, Udaipur (Raj.)
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. The Superintendent Of Police, Udaipur Rajasthan
3. Shri Ram Lal, Asst Sub Inspector, Posted At P.s. Kurabad
District Udaipur Raj.
----Respondents
For Petitioner(s) : Mr. Shambhoo Singh Rathore.
For Respondent(s) : Mr. Narendra Singh Chandawat, PP.
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
18/08/2025
1. After arguing for some time, 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 is disposed of
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:36719] (2 of 2) [CRLMP-4980/2025]
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.
4. Till 30 days from the date of filing of the representation, the
interim order dated 06.08.2025, already granted by this Court,
shall remain in currency.
5. The offences alleged against the petitioner are under Section
19/54 of the Rajasthan Excise Act. 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 also be at liberty to raise
all permissible objections and issues before the trial court at the
appropriate stage of proceedings
6. Pending applications, if any, stand disposed of.
(MUKESH RAJPUROHIT),J
67-/Jitender//-
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