Omprakash Patel vs State Of Rajasthan (2025:Rj-Jd:37534)
2025 Latest Caselaw 9746 Raj

Rajasthan High Court - Jodhpur

Omprakash Patel vs State Of Rajasthan (2025:Rj-Jd:37534) on 21 August, 2025

[2025:RJ-JD:37534]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                S.B. Criminal Misc(Pet.) No. 6774/2025

Omprakash Patel S/o Nenaram, Aged About 44 Years, R/o
Lundawas, Tehsil Sojat, District Pali, Rajasthan
                                                                          ----Petitioner
                                            Versus
1.       State Of Rajasthan, Through PP
2.       Chunnilal S/o Kusha Ji, R/o 684, Bapu Nagar Vistar, Pali,
         Rajasthan
                                                                       ----Respondents


For Petitioner(s)                :       Mr. Mayank Bhaiya for Mr. J.K. Bhaiya
For Respondent(s)                :       Mr. Shri Ram Choudhary, PP



          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

21/08/2025

1. 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 as well as stay

petition are dismissed 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 10 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:37534] (2 of 2) [CRLMP-6774/2025]

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 30 days from

the date of filing of representation, the petitioner shall not be

arrested in connection with FIR No.385/2024, registered at the

Police Station Kotwali Pali, District Pali.

4. The offences alleged against the petitioner are under

Sections 420, 406 & 120-B of IPC. 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 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 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 70-Ramesh/-

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