Poona Ram vs State Of Rajasthan (2025:Rj-Jd:28684)
2025 Latest Caselaw 1771 Raj

Rajasthan High Court - Jodhpur

Poona Ram vs State Of Rajasthan (2025:Rj-Jd:28684) on 3 July, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:28684]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 4801/2025

Poona Ram S/o Shri Deepa Ram, Aged About 63 Years, R/o
Daukiya Ka Bas Cherai Osian District Jodhpur Rajasthan
                                                                    ----Petitioner
                                    Versus
1.       State of Rajasthan, Through P.P.
2.       Smt Jamna W/o Late Shri Om Prakash, Aged About 31
         Years, R/o Daukiya Ka Bas Cherai Osian District Jodhpur
         Rajasthan
                                                                 ----Respondents


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



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

03/07/2025

1. The instant criminal misc. petition under Section 528 BNSS

has been filed by the petitioner for quashing the FIR No.192/2025

registered at Police Station Osian, District Jodhpur (Rural) for the

offence under Sections 78(2) & 79 of the BNS.

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. There are allegations in the FIR regarding possessing an

intention to insult the modesty of the complainant, which is

disclosing the commission of cognizable offence. Thus, no case for

quashing of the FIR is made out as an FIR cannot be merely

quashed on the grounds of bald assertion of false allegations.

[2025:RJ-JD:28684] (2 of 2) [CRLMP-4801/2025]

4. 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 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.

5. 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 37-Ravi Khandelwal

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