Prakash Chand vs State Of Rajasthan (2025:Rj-Jd:54986)
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Rajasthan High Court - Jodhpur

Prakash Chand vs State Of Rajasthan (2025:Rj-Jd:54986) on 18 December, 2025

[2025:RJ-JD:54986]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 9315/2025

Prakash Chand S/o Shri Mohan Lal, Aged About 35 Years, R/o
Chitalwana, Tehsil And Police Station Chitalwana District Jalore
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Public Prosecutor
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Raghunath Bishnoi
For Respondent(s)         :     Mr. Lalit Kishor Sen, PP



        HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR

Order

18/12/2025

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

has been filed by the petitioner seeking quashing of the FIR

No.202/2023 lodged at Police Station Sayla, District Jalore for the

offences punishable under Sections 19/54, 54(A) and 54-D of the

Rajasthan Excise Act, 1950.

2. Heard learned counsel for the parties and perused the

material made available to this Court.

3. Learned Public Prosecutor has submitted a factual report

dated 15.12.2025, as per which during investigation, alleged

offences punishable under Sections 9/54, 54(A) and 54-D of the

Rajasthan Excise Act, 1950 have been found proved against the

petitioner. Same is taken on record.

4. This Court, upon a perusal of the case file and the impugned

FIR, prima facie finds that the offences alleged to have been

committed by the petitioner are either triable by Magistrate and/or

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[2025:RJ-JD:54986] (2 of 2) [CRLMP-9315/2025]

do not contain the maximum punishment of more than seven

years and keeping in mind the provisions contained in Section 35

BNSS (Sections 41, 41-A Cr.P.C.) as well as the judgment passed

by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs.

State of Bihar, reported in AIR 2014 SC 2756, the dictum of

which squarely applies 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 Agency, 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.

5. However, the petitioner No.1 is directed to appear before the

Investigating Officer on 28.12.2025 at 11:00 A.M. and join

investigation.

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

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

(PRAMIL KUMAR MATHUR),J 103-GKaviya/-

(Uploaded on 19/12/2025 at 11:41:51 AM)

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