Ramesh Kumar vs State Of Rajasthan (2025:Rj-Jd:8032)
2025 Latest Caselaw 6849 Raj

Rajasthan High Court - Jodhpur

Ramesh Kumar vs State Of Rajasthan (2025:Rj-Jd:8032) on 10 February, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:8032]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 4795/2023

Ramesh Kumar S/o Sh. Bhabhut Mal Ji, Aged About 64 Years,
B/c    Lohar,       R/o   Manager,         Dhanlaxmi          Traders,    Teh.   Road,
Sumerpur, Dist. Pali (Raj.).
                                                                         ----Petitioner
                                         Versus
1.       State Of Rajasthan, Through Pp
2.       Jitendra Kumar @ Surendra Kumar Rawal S/o Sh. Shanti
         Lal, Sarneshwar Ji, Dist. Sirohi. Prop. Laxmi Trading
         Company, Arathwara, Teh. Sheoganj, Dist. Sirohi (Raj.).
                                                                      ----Respondents


For Petitioner(s)              :     Mr. Shambhoo Singh Rathore
For Respondent(s)              :     Mr. Surendra Bishnoi, Addl.G.A.
For Complainant                :     Mr. Veer Bajarang Singh



                HON'BLE MR. JUSTICE FARJAND ALI

Order

10/02/2025

1. The FIR No.157/2023 got lodged on 03.08.2023 for the

alleged offence under Sections 420 and 504 of the IPC. It

concerns a business transaction in which it is alleged that the

complainant was swindled at the hands of the petitioner. According

to the complainant, the commodity was not of the standard that

was promised at the time of the sale agreement. The matter is

under investigation.

2. In view of the facts and circumstances of the case so also

taking note of Sections 41 and 41 A of the Cr.P.C. and the

judgment rendered by Hon'ble Supreme Court in the case of

Arnesh Kumar Vs. State of Bihar reported in AIR 2014 SC

2756, it is felt apt to dispose of the instant misc. petition with the

[2025:RJ-JD:8032] (2 of 2) [CRLMP-4795/2023]

direction that through out the course of the investigation the

petitioner shall not be arrested.

3. It is made clear that in the event any offence is found proved

against the petitioner, then instead of affecting arrest at once,

looking to the nature and gravity of the offence and the quantum

of punishment, he shall not be arrested in connection with the FIR

No.157/2023 registered at Police Station Shivganj (Erinpura),

District Sirohi; instead thereof one month's prior notice shall be

given to him, so that he may exercise his legitimate rights.

4. Stay petition also stands disposed of.

5. Nothing would preclude the petitioner from submitting his

documents to the Investigating Officer to assist in reaching a just

conclusion of the investigation.

(FARJAND ALI),J 12-Ashutosh/-

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