Sanjay Jatav vs State Of Rajasthan (2025:Rj-Jd:37209)
2025 Latest Caselaw 9701 Raj

Rajasthan High Court - Jodhpur

Sanjay Jatav vs State Of Rajasthan (2025:Rj-Jd:37209) on 20 August, 2025

[2025:RJ-JD:37209]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                S.B. Criminal Misc(Pet.) No. 4130/2025
1.       Sanjay Jatav S/o Rajesh Jatav, Aged About 30 Years, R/o
         Ramdev Mandir Ke Pass, Paldi Road, Subhash Nagar,
         Bhilwara.
2.       Rakesh Yadav S/o Bhim Singh, Aged About 34 Years, R/o
         Ramdev Mandir Ke Pass, Paldi Road, Subhash Nagar,
         Bhilwara.
3.       Mukesh Yadav S/o Ram Singh Yadav, Aged About 39
         Years, R/o Ramdev Mandir Ke Pass, Paldi Road, Subhash
         Nagar, Bhilwara.
                                                                       ----Petitioners
                                       Versus
1.       State Of Rajasthan, Through Pp
2.       Dimple Yadav S/o Harsh Yadav, R/o Ram Vihar, Subhash
         Nagar, District Bhilwara.
                                                                     ----Respondents


For Petitioner(s)            :     Mr. Bharat Gurjar
For Respondent(s)            :     Mr. Narendra Singh, PP


          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.

[2025:RJ-JD:37209] (2 of 2) [CRLMP-4130/2025]

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 petitioners shall not be arrested in

connection with FIR No.20/2025 registered at the Police Station

Subhash Nagar, District Bhilwara.

4. The offences alleged against the petitioners are under Sections

189(2), 126(2), 115(2) and 110 of BNS. 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 48-mSingh/-

Powered by TCPDF (www.tcpdf.org)