Rajasthan High Court - Jodhpur
Teena Jat vs State Of Rajasthan (2025:Rj-Jd:36913) on 18 August, 2025
[2025:RJ-JD:36913]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4693/2025
1. Teena Jat W/o Raju Lal Jat, Aged About 23 Years, R/o
Joonda Tehsil Railmagra Ps Kunwariya District Rajsamand
Raj. Presently Market Yard Mage Santaji Nagar Jamkhed
Ahmed Nagar Maharashtra.
2. Raju Lal Jat, Aged About 30 Years, R/o Kangani Tehsil
Sahada District Bhilwara Rajasthan Market Yard Mage
Santaji Nagar Jamkhed Ahmed Nagar Maharashtra
----Petitioners
Versus
1. State Of Rajasthan, Through PP
2. Sukh Lal S/o Gokal Jat, R/o Joonda PS Kunwariya District
Rajsamand Raj.
----Respondents
For Petitioner(s) : Mr. Lovekush Samar
For Respondent(s) : Mr. Prem Singh Panwar, Public
Prosecutor
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
18/08/2025
1. 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 as well as stay
petition are dismissed 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 10 days from
the date of receipt of a copy of this order.
[2025:RJ-JD:36913] (2 of 2) [CRLMP-4693/2025]
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 30 days from
the date of filing of representation, the petitioners shall not be
arrested in connection with FIR No.63/2025, registered at the
Police Station Kunwariya, District Rajsamand.
4. The offences alleged against the petitioners are under
Section 305(a) of the BNS. Thus, the provisions contained under
Section 35 of BNSS (Sections 41 and 41A of Cr.P.C.) 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 are 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 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, also stand disposed of.
(MUKESH RAJPUROHIT),J
55-Ramesh/-
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