Rajasthan High Court - Jodhpur
Seema Chouhan vs State Of Rajasthan (2025:Rj-Jd:37201) on 20 August, 2025
[2025:RJ-JD:37201]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4036/2025
1. Seema Chouhan W/o Rajesh Panwar, Aged About 48
Years, R/o Juni Bager, Mahamandir, Jodhpur
2. Rajesh Panwar S/o Madan Singh, Aged About 49 Years, R/
o Juni Bager, Mahamandir, Jodhpur
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Hem Kanwar W/o Dalpat Singh, R/o Shahji Ka Baghicha,
Kuchaman City, Deedwana, Kuahcman,raj.
----Respondents
For Petitioner(s) : Mr. Ankur Mathur
Mr. Gopal Sandu
For Respondent(s) : Mr. Narendra Singh, PP
Mr. Rakesh Arora
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
20/08/2025
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 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:37201] (2 of 2) [CRLMP-4036/2025]
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. Till the
representation is decided, the petitioners shall not be arrested in
connection with FIR No.386/2024 registered at the Police Station
Kuchaman City, District Deedwana-Kuchaman.
4. The offences alleged against the petitioners are under Sections
420, 406, 467 and 468 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 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 be at liberty to
approach this Court, if occasion arises.
5. Pending applications, if any, stand disposed of.
(MUKESH RAJPUROHIT),J
46-mSingh/-
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