Narendra Kumar Jain vs State Of Rajasthan (2025:Rj-Jd:28692)
2025 Latest Caselaw 1762 Raj

Rajasthan High Court - Jodhpur

Narendra Kumar Jain vs State Of Rajasthan (2025:Rj-Jd:28692) on 3 July, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:28692]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Criminal Misc(Pet.) No. 4807/2025

Narendra Kumar Jain S/o Bhanwar Lal Jain, Aged About 50
Years, Resident Of 163 J Block Hiranmagari Sector No 14
Udaipur Rajasthan
                                                                       ----Petitioner
                                       Versus
1.          State Of Rajasthan, Through The Public Prosecutor
2.          Manish Bhatnagar S/o C B Bhatnagar, Resident Of Cf
            Kalaji Gorja Ji Surajpole Vallabhanagar Girwa Udaipur
            Rajasthan   The      Then       District      Supply     Office   Rgirwa
            Vallabhanagar District Udaipur
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Deepak Menaria
For Respondent(s)            :     Mr. Narendra Gehlot, Public
                                   Prosecutor with Mr. Omprakash
                                   Choudhary, AGA


              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 allowed and the entire proceeding arising out of F.I.R. No.89/2025 of Police Station Vallabhnagar, Udaipur, may kindly be quashed and set aside.

Any other order which this Hon'ble Court thinks fit may kindly be passed in favour of the Petitioner."

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.

[2025:RJ-JD:28692] (2 of 2) [CRLMP-4807/2025]

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

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 30

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 39-Ravi Khandelwal

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