Dharama Ram vs State Of Rajasthan (2025:Rj-Jd:54014)
2025 Latest Caselaw 16920 Raj

Rajasthan High Court - Jodhpur

Dharama Ram vs State Of Rajasthan (2025:Rj-Jd:54014) on 15 December, 2025

[2025:RJ-JD:54014]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Misc(Pet.) No. 10524/2025

Dharama Ram S/o Shri Jala Ram, Aged About 58 Years, R/o
Mayurvilla Residenshi Rk, beranaroad,himmatnagar, Sabarkantha
(Gujrat)
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Radeshyam S/o Shri Sher Singh, Aged About 33 Years, R/
         o Village Rampura Colony, Jalore,raj.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Mahendra Kumar Dudy
For Respondent(s)         :     Mr. H.S. Jodha, P.P.



        HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR

Order

15/12/2025

1. The instant criminal misc. petition under Section 528 BNSS

has been filed by the petitioner seeking quashing of the FIR

No.46/2025 lodged at P.S. Jalore, District Jalore for the offences

punishable under Sections 318(4) & 316(2) of IPC & further

proceedings arising out of it.

2. Heard learned counsel for the parties and perused the

material made available to this Court.

3. This Court upon a perusal of the case file prima facie finds

that the offences alleged to have been committed by the petitioner

are either triable by a court of Magistrate and/or do not contain

the maximum punishment of more than seven years, and keeping

in mind the provisions contained in Section 41, 41-A Cr.P.C. as

well as the judgment passed by Hon'ble the Supreme Court in the

(Uploaded on 17/12/2025 at 11:55:32 AM)

[2025:RJ-JD:54014] (2 of 2) [CRLMP-10524/2025]

case of Arnesh Kumar vs. State of Bihar, reported in AIR 2014

SC 2756, the dictum of which squarely apply mutatis mutandis to

the present case, it is directed that in case, the arrest of the

petitioner is found to be absolutely necessary by the Investigating

Agencies, instead of affecting the arrest of the petitioner at once,

a prior notice of one month shall be given to him so that he may

exercise his rights. Needless, to say that the petitioner is not

precluded from ventilating his grievances before this Court or trial

Court if occasion so arises at an appropriate stage.

4. However, the petitioner is directed to appear before the

Investigation Officer on 25.12.2025 at 11:00 am and join

investigation.

5. With the aforesaid directions, the misc. petition filed under

Section 528 BNS as well as stay application are disposed of.

(PRAMIL KUMAR MATHUR),J 234-AnilKC/-

(Uploaded on 17/12/2025 at 11:55:32 AM)

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