Jagdish Gurjar Gour vs State Of Rajasthan (2025:Rj-Jd:28526)
2025 Latest Caselaw 1672 Raj

Rajasthan High Court - Jodhpur

Jagdish Gurjar Gour vs State Of Rajasthan (2025:Rj-Jd:28526) on 2 July, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:28526]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 4626/2025

1.       Jagdish Gurjar Gour S/o Shri Nar Singh, Aged About 61
         Years, R/o 01, Chankya Aasharam, Hemawas, Mandli
         Khurd, Pali, District Pali.
2.       Sandeep Gurjar Gour S/o Shri Jagdish Gurjar Gour, Aged
         About 38 Years, R/o Near Shiv Temple, Himmat Nagar,
         Pali, District Pali.
                                                                    ----Petitioners
                                     Versus
1.       State Of Rajasthan, Through Pp
2.       Hanumanram Bagora S/o Shri Sukharam, Aged About 49
         Years, R/o 310, Rajat Nagar Pali, Police Station Kotwali
         Pali, District Pali.
                                                                  ----Respondents


For Petitioner(s)          :     Mr. Karan Singh
For Respondent(s)          :     Mr. Shriram Choudhary, PP with
                                 Mr. Ravindra Singh Bhati, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

02/07/2025

This criminal misc. petition under Section 528 BNSS has

been filed by the petitioners for quashing of the FIR No.264/2025,

registered at Police Station Kotwali Pali, District Pali for the

offences under Sections 115(2), 127(2), 3(5) of BNS; and

Sections 3(1)(s), 3(1)(r) and 3(2)(va) of SC/ST (Prevention of

Atrocities Act) Amendment, 2015.

Heard learned counsel for the parties at bar. Perused the

material as made available to this Court and gone through the

niceties of the matter.

[2025:RJ-JD:28526] (2 of 2) [CRLMP-4626/2025]

This Court while exercising the powers under Section 528

BNSS cannot minutely go into the correctness of the allegations

levelled against the petitioners and upon a careful perusal of the

case file, this Court prima facie finds that the offences alleged to

have been committed by the petitioners are triable by Court of

Magistrate or do not contain the maximum imprisonment of more

than seven years, and keeping in mind the provisions contained in

Section 35 BNSS (Section 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

petitioners is found to be absolutely necessary by the

Investigating Agencies, instead of affecting the arrest of the

petitioners at once, a prior notice of one month shall be given to

them so that they may exercise their legitimate rights. Needless to

say that the petitioners are not precluded from raising their

grievance before the trial Court.

With the aforesaid direction, the misc. petition filed under

Section 528 BNSS (482 Cr.P.C.) as well as stay application are

disposed of.

(KULDEEP MATHUR),J 220-himanshu/-

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