Idris A Shaikh vs State Of Rajasthan (2025:Rj-Jd:54203)
2025 Latest Caselaw 17015 Raj

Rajasthan High Court - Jodhpur

Idris A Shaikh vs State Of Rajasthan (2025:Rj-Jd:54203) on 16 December, 2025

[2025:RJ-JD:54203]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Misc(Pet.) No. 10475/2025

Idris A Shaikh S/o Momeen Shaikh, Aged About 51 Years, R/o
Manikya Nagar, Mali Khera, Sangit Kala Kendra Ke Samne,
Bhilwara, District Bhilwara
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Public Prosecutor.
2.       Vijay Kumar S/o Shyam Lal Soni, Aged About 43 Years,
         R/o Nagauri Mohalla, Bhimganj, District Bhilwara.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Anuj Sahlot
For Respondent(s)         :     Mr. H.S. Jodha, PP
                                Mr. Rishabh Handa, for complainant



        HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR

Order

16/12/2025

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

(erstwhile Section 482 Cr.P.C.) has been filed by the petitioner

seeking quashing of the FIR No.216/2025 lodged at P.S. Bhimganj,

District Bhilwara for the offences punishable under Sections

316(2) and 318(4) of BNS & 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

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[2025:RJ-JD:54203] (2 of 2) [CRLMP-10475/2025]

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

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

Section 528 BNS (erstwhile Section 482 Cr.P.C.) as well as stay

application are disposed of.

(PRAMIL KUMAR MATHUR),J 230-AnilKC/-

(Uploaded on 19/12/2025 at 12:26:13 PM)

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