Arjun Ram vs State Of Rajasthan (2025:Rj-Jd:2519)
2025 Latest Caselaw 4451 Raj

Rajasthan High Court - Jodhpur

Arjun Ram vs State Of Rajasthan (2025:Rj-Jd:2519) on 13 January, 2025

Author: Farjand Ali

Bench: Farjand Ali

[2025:RJ-JD:2519]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Criminal Misc(Pet.) No. 519/2024
1.         Arjun Ram S/o Shri Shantilal Ji, Aged About 48 Years, R/o
           Mandvariya, Sirohi.
2.         Chhaganlal S/o Shri Hajarimal Ji, Aged About 65 Years,
           R/o Mandvariya, Sirohi.
3.         Prakash Kumar S/o Shri Javerchand, Aged About 54
           Years, R/o Mandvariya, Sirohi.
                                                                      ----Petitioners
                                       Versus
1.         State Of Rajasthan, Through Pp
2.         Prakash Kumar S/o Shri Babula Ji, R/o Mandvariya,
           Sirohi.
                                                                    ----Respondents


For Petitioners              :     Mr. A.R. Rathore
For Respondent No.1          :     Mr. Shriram Choudhary, AGA
For Respondent No.2          :     Mr. Rakesh Arora
                                   Mr. Naresh Singh



                HON'BLE MR. JUSTICE FARJAND ALI

Order

13/01/2025

1. The instant criminal misc. petition under Section 482 Cr.P.C.

has been preferred by the petitioners for quashing of FIR

No.8/2024 dated 18.01.2024 of Police Station Barloot, District

Sirohi for the offences under Sections 447, 427 of IPC.

2. Learned counsel for the petitioners prays for quashing the

aforementioned FIR and all further proceedings in pursuant

thereof.

3. Per contra, learned AGA as well as learned counsel for the

complainant-respondent No.2 oppose the submission of learned

counsel for the petitioners for quashing of the FIR and all further

proceedings in pursuant thereof.

[2025:RJ-JD:2519] (2 of 3) [CRLMP-519/2024]

4. After hearing learned counsel for the parties and going

through the niceties of the matter, this Court feels that though no

case for quashing of the FIR is made out but there are certain

circumstances persuading to this Court to pass an appropriate

order so that fundamental right of the petitioners regarding their

liberty may be protected since the offences alleged against the

petitioner are triable by the Court of Magistrate and do not contain

the maximum punishment of more than 7 years, therefore, the

provisions contained under Sections 41 and 41A of the CrPC are

applicable mutatis mutandis 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 applies squarely in the

present case.

5. In this view of the matter, the instant criminal misc. petition

is disposed of with the following directions : -

(i) The petitioners shall not be arrested during the entire

course of investigation.

(ii) In the event offence is found to be proved and

charge-sheet is to be submitted, then instead of affecting

arrest, the petitioners shall be directed to remain

present before the trial court, where the charge-sheet

would be submitted.

(iii) On the day of filing of the charge-sheet and upon

appearance of the petitioners, they shall move a

regular bail application and whereupon the learned trial

court shall release them on bail on the very same day;

on the amount of surety and bond as it deems fit.

[2025:RJ-JD:2519] (3 of 3) [CRLMP-519/2024]

6. Stay petition also stands disposed of.

(FARJAND ALI),J

Abhishek Kumar S.No.19

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