Babu Lal vs State Of Rajasthan (2025:Rj-Jd:28725)
2025 Latest Caselaw 1763 Raj

Rajasthan High Court - Jodhpur

Babu Lal vs State Of Rajasthan (2025:Rj-Jd:28725) on 3 July, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:28725]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 4834/2025

Babu Lal S/o Ramaramji, Aged About 60 Years, R/o Bera Hadki
Khokhra Tehsil Sojat District Pali Rajasthan
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Its PP
2.       Tushar Trivedi S/o Shyam Lal Trivedi, 1395 Main Bazar
         Sojat Road District Pali Rajasthan
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Bharat Devasi.
For Respondent(s)         :     Mr. Narendra Gehlot, PP.



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

03/07/2025

1. The instant criminal petition has been filed under Section

528 BNSS by the petitioner seeking quashing of the FIR

No.99/2025 lodged at Police Station Sojat Road, District Pali, for

the offences under Sections 420, 406, 467, 468, 470 and 471 IPC.

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. This Court upon a perusal of the case file 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 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

[2025:RJ-JD:28725] (2 of 2) [CRLMP-4834/2025]

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 one month shall be given to

them so that he may exercise his rights. Needless, to say that the

petitioner are not precluded from ventilating their grievances

before this Court or trial Court if occasion so arises at an

appropriate stage.

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 47-Tikam/-

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