Dharamveer Singh vs State Of Rajasthan (2025:Rj-Jd:28847)
2025 Latest Caselaw 1807 Raj

Rajasthan High Court - Jodhpur

Dharamveer Singh vs State Of Rajasthan (2025:Rj-Jd:28847) on 4 July, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:28847]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 5013/2025
1.        Dharamveer Singh S/o Kalyan Singh, Aged About 32
          Years, Nai Amadi Bambori, Post Bambori Vaya Binota,
          Tehsil Choti Sadari, District Pratapgarh (Raj.)
2.        Aanchal Kunwar W/o Kalyan Singh, Aged About 55 Years,
          Nai Amadi Bambori, Post Bambori Vaya Binota, Tehsil
          Choti Sadari, District Pratapgarh (Raj.)
3.        Kalyan Singh S/o Sardar Singh, Aged About 59 Years, Nai
          Amadi Bambori, Post Bambori Vaya Binota, Tehsil Choti
          Sadari, District Pratapgarh (Raj.)
4.        Shamsher Singh S/o Kalyan Singh, Aged About 34 Years,
          Nai Amadi Bambori, Post Bambori Vaya Binota, Tehsil
          Choti Sadari, District Pratapgarh (Raj.)
5.        Kushal Kunwar W/o Shamsher Singh, Aged About 30
          Years, Nai Amadi Bambori, Post Bambori Vaya Binota,
          Tehsil Choti Sadari, District Pratapgarh (Raj.)
6.        Lakhan Singh S/o Kalyan Singh, Aged About 32 Years, Nai
          Amadi Bambori, Post Bambori Vaya Binota, Tehsil Choti
          Sadari, District Pratapgarh (Raj.)
7.        Kismat Kunwar W/o Lakhan Singh, Aged About 31 Years,
          Nai Amadi Bambori, Post Bambori Vaya Binota, Tehsil
          Choti Sadari, District Pratapgarh (Raj.)
                                                                       ----Petitioners
                                        Versus
1.        State Of Rajasthan, Rajasthan Through Pp
2.        Shalini W/o Dharamveer Singh, D/o Shri Mohan Singh
          Shaktawat, R/o Fauj Vadali, Chargadiya, Distt. Udaipur
          (Raj.)
                                                                     ----Respondents


For Petitioner(s)             :    Mr. Anuj Sahlot
For Respondent(s)             :    Mr. Narendra Gehlot, PP


            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

04/07/2025

1. The factual report dated 02.07.2025 received by the learned

Public Prosecutor from the office of SHO, P.S. Bhinder, District

Udaipur indicates that the police after making thorough

investigation in connection with the impugned FIR has not found

[2025:RJ-JD:28847] (2 of 2) [CRLMP-5013/2025]

the offences to be proved against the petitioners No.2 to 7. The

offences under Sections 498-A and 406 of IPC however, have been

found to be proved against the petitioner No.1.

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

No.1 is 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 No.1 is found to

be absolutely necessary by the Investigating Agencies, instead of

affecting the arrest of the petitioner No.1 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 No.1 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 33-divya/-

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