Rampal vs State Of Rajasthan (2025:Rj-Jd:28588)
2025 Latest Caselaw 1748 Raj

Rajasthan High Court - Jodhpur

Rampal vs State Of Rajasthan (2025:Rj-Jd:28588) on 3 July, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:28588]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Criminal Misc(Pet.) No. 4747/2025

Rampal S/o Govind Ram, Aged About 39 Years, R/o Khundala,
Tehsil Khivsar, District Nagaur, Rajasthan-341025
                                                                      ----Petitioner
                                      Versus
1.          State Of Rajasthan, Through Pp
2.          Bajrang S/o Hans Ram, Aged About 30 Years, R/o
            Kuchera, Khivsar, District Nagaur, Rajasthan Presently At
            Dso, Khivsar, District Nagaur, Rajasthan
                                                                   ----Respondents


For Petitioner(s)           :     Mr. Ashok Bishnoi
For Respondent(s)           :     Mr. Narendra Singh Chandawat, PP



              HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

03/07/2025

1. By way of filing the present criminal misc. petition under

Section 528 BNSS, the petitioner has prayed for the following

reliefs:-

"It is, therefore, most respectfully prayed on behalf of the Petitioner that the criminal misc. petition may kindly be allowd and F.I.R. No.117/2025 registered at P.S. Khivsar, District Nagaur and further proceeding in pursuant thereof may kindly be quashed and set aside.

Any other relief, which this Hon'ble Court deems fit and proper, may kindly be passed in favour of the Petitoner."

2. Heard learned counsel for the parties and perused the

material as made available to this Court as well as gone through

the niceties of the matter.

3. Having perused the impugned FIR, this Court prima facie

finds that the offences alleged to have been committed by the

petitioner are either triable by a court of Magistrate and/or do not

[2025:RJ-JD:28588] (2 of 2) [CRLMP-4747/2025]

contain the maximum punishment 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

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

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

which squarely apply 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 Agencies, instead of

affecting the arrest of the petitioner at once, a prior notice of 15

days shall be given to him so that he may exercise his rights.

Needless to say that the petitioner is not precluded from raising

his grievance before the trial Court.

4. 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 13-divya/-

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