Rajasthan High Court - Jodhpur
Suresh Panwar vs State Of Rajasthan (2025:Rj-Jd:28838) on 4 July, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:28838]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5007/2025
1. Suresh Panwar S/o Late Shri Ram Chandra Panwar, Aged
About 26 Years, Residents Of Mavdiyaji Ki Ghati, Ram
Narbada Society, Soorsagar Road, Jodhpur.
2. Devendra Panwar S/o Shri Suresh Panwar, Aged About 24
Years, Residents Of Mavdiyaji Ki Ghati, Ram Narbada
Society, Soorsagar Road, Jodhpur.
3. Rahul Panwar S/o Shri Dinesh Panwar, Aged About 25
Years, Residents Of Mavdiyaji Ki Ghati, Ram Narbada
Society, Soorsagar Road, Jodhpur.
4. Manish Panwar S/o Shri Dinesh Panwar, Aged About 27
Years, Residents Of Mavdiyaji Ki Ghati, Ram Narbada
Society, Soorsagar Road, Jodhpur.
5. Satish Panwar S/o Shri Ramesh Panwar, Aged About 26
Years, Residents Of Mavdiyaji Ki Ghati, Ram Narbada
Society, Soorsagar Road, Jodhpur.
6. Suresh Panwar S/o Shri Poonam Chand Panwar, Aged
About 23 Years, Residents Of Mavdiyaji Ki Ghati, Ram
Narbada Society, Soorsagar Road, Jodhpur.
7. Subhash Panwar S/o Shri Poonam Chand Panwar, Aged
About 27 Years, Residents Of Mavdiyaji Ki Ghati, Ram
Narbada Society, Soorsagar Road, Jodhpur.
8. Mohit Panwar S/o Shri Narendra Panwar, Aged About 24
Years, R/o Near Vidhyashala Diet, Indra Laxmi Society,
Jodhpur
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Harsha Gehlot D/o Sher Singh Gehlot, R/o Bhagwan Ka
Bag, Vidhyashala, P.s. Soorsagar, Jodhpur
----Respondents
For Petitioner(s) : Mr. Laxman Bishnoi
For Respondent(s) : Mr. Narendra Singh Chandawat, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
04/07/2025
1. By way of filing the present criminal misc. petition under
Section 528 BNSS, the petitioners have prayed for the following
reliefs:-
"It is, therefore most humbly and respectfully
prayed that this misc. petition may kindly be allowed and
impugned FIR No. 0153/2025 Police Station Soorsagar,
[2025:RJ-JD:28838] (2 of 2) [CRLMP-5007/2025]
Jodhpur and investigation in pursuant thereto may kindly
be quashed and set aside."
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
petitioners 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 petitioners is found to be
absolutely necessary by the Investigating Agencies, instead of
affecting the arrest of the petitioners at once, a prior notice of one
month shall be given to them so that they may exercise their
rights. Needless to say that the petitioners are not precluded from
raising their 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
30-divya/-
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