Citation : 2025 Latest Caselaw 6788 Raj
Judgement Date : 7 February, 2025
[2025:RJ-JD:8147]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 737/2025
1. Karan Jain S/o Shri Lalit Kumar Jain, Aged About 29
Years, R/o 402, Thackers House, 2418. East Street Camp,
Pune (Maharashtra)
2. Lalit Kumar Jain S/o Shri Megh Raj Kapoor Chand Jain,
Aged About 57 Years, R/o 402, Thackers House, 2418.
East Street Camp, Pune (Maharashtra)
3. Sonal Jain W/o Shri Lalit Kumar Jain, Aged About 51
Years, R/o 402, Thackers House, 2418. East Street Camp,
Pune (Maharashtra)
4. Mahek Jain D/o Shri Lalit Kumar Jain, Aged About 22
Years, R/o 402, Thackers House, 2418. East Street Camp,
Pune (Maharashtra)
5. Rajendra Jain S/o Shri Ghewar Chand Jain, Aged About
64 Years, R/o 502, Delta Empress, Sopan Bagh,
Ghorpadi, Pune (Maharashtra)
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Mahak Kocher W/o Karan Jain, D/o Shri Mahesh Kocher,
R/o 83, Umaid Heritage, Ratanada, Jodhpur (Raj.)
----Respondents
For Petitioner(s) : Mr. Vinay Jain
Mr. Darshan Jain
For Respondent(s) : Mr. N.S. Chandawat, DyGA
Mr. Naman Mohnot
HON'BLE MR. JUSTICE FARJAND ALI
Order
07/02/2025
1. In view of the factual report submitted by the learned DyGA,
as per which, after investigation, the offence is found proved only
against the petitioner No.1 Karan Jain (husband) and the
[2025:RJ-JD:8147] (2 of 2) [CRLMP-737/2025]
petitioner No.3 Sonal Jain (mother-in-law) and the petitioners
No.2, 4 and 5 have been exonerated from the charges, learned
counsel seeks withdrawal of the petition with liberty to agitate the
issue at the appropriate stage before the appropriate forum.
2. Accordingly, the instant criminal miscellaneous petition as
well as the stay petition is disposed of as withdrawn.
3. Since the offences alleged do not contain punishment of
more than 7 years, therefore, in light of the judgment rendered by
the Hon'ble Supreme Court in the case of Arnesh Kumar vs.
State of Bihar [AIR 2014 SC 2756], the investigating agency is
directed that in case they are intending to arrest the petitioners, a
prior notice of 30 days shall be given to them so that they may
exercise their legitimate rights.
(FARJAND ALI),J 42-Pramod/-
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