Rajasthan High Court - Jodhpur
Harpati vs State Of Rajasthan (2025:Rj-Jd:37495) on 21 August, 2025
[2025:RJ-JD:37495]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5194/2025
1. Harpati W/o Sagar Nath, Aged About 75 Years, Resident
Of Rangmahal, Police Station Suratgarh, Tehsil Suratgarh,
District Sri Ganganagar (Raj.)
2. Nepal Nath S/o Sagar Nath, Aged About 55 Years,
Resident Of Rangmahal, Police Station Suratgarh, Tehsil
Suratgarh, District Sri Ganganagar (Raj.)
3. Gorakh Nath S/o Sagar Nath, Aged About 28 Years,
Resident Of Rangmahal, Police Station Suratgarh, Tehsil
Suratgarh, District Sri Ganganagar (Raj.)
4. Anita Bai D/o Sagar Nath, Aged About 26 Years, Resident
Of Rangmahal, Police Station Suratgarh, Tehsil Suratgarh,
District Sri Ganganagar (Raj.)
5. Vimla Bai D/o Sagar Nath, Aged About 32 Years, Resident
Of Rangmahal, Police Station Suratgarh, Tehsil Suratgarh,
District Sri Ganganagar (Raj.)
6. Karima Bai W/o Sagar Nath, Aged About 28 Years,
Resident Of Rangmahal, Police Station Suratgarh, Tehsil
Suratgarh, District Sri Ganganagar (Raj.)
7. Bablu Bai D/o Sagar Nath, Aged About 29 Years, Resident
Of Rangmahal, Police Station Suratgarh, Tehsil Suratgarh,
District Sri Ganganagar (Raj.)
8. Sunita Bai D/o Sagar Nath, Aged About 25 Years,
Resident Of Rangmahal, Police Station Suratgarh, Tehsil
Suratgarh, District Sri Ganganagar (Raj.)
9. Sunil S/o Nepal Nath, Aged About 25 Years, Resident Of
Rangmahal, Police Station Suratgarh, Tehsil Suratgarh,
District Sri Ganganagar (Raj.)
10. Angreja W/o Sagar Nath, Aged About 46 Years, Resident
Of Rangmahal, Police Station Suratgarh, Tehsil Suratgarh,
District Sri Ganganagar (Raj.)
11. Rajni W/o Gorakh Nath, Aged About 27 Years, Resident Of
Rangmahal, Police Station Suratgarh, Tehsil Suratgarh,
District Sri Ganganagar (Raj.)
12. Jay Singh S/o Gorakh Nath, Aged About 22 Years,
Resident Of Rangmahal, Police Station Suratgarh, Tehsil
Suratgarh, District Sri Ganganagar (Raj.)
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Ganesh Nath S/o Tej Nath, Resident Of
Rangmahal,suratgarh, Police Station, District Sri
Ganganagar (Raj.)
----Respondents
For Petitioner(s) : Mr. Ratan Ankiya.
For Respondent(s) : Mr. Narendra Singh, PP.
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
21/08/2025
1. After arguing for some time, learned counsel for the
petitioners do not want to press the instant criminal misc. petition.
However, he seeks liberty for the petitioners to submit a
[2025:RJ-JD:37495] (2 of 2) [CRLMP-5194/2025]
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
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 representation, the
petitioners shall not be arrested in connection with FIR
No.325/2025, registered at the Police Station Suratgarh, District
Ganganagar.
5. The offences alleged against the petitioners are under
Sections 223(a), 329(3) and 189(2) 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. The petitioners shall be at liberty
take up all the issues at appropriate stage.
6. Pending applications, if any, stand disposed of.
(MUKESH RAJPUROHIT),J
45-/Jitender//-
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