Sayban Khan vs State Of Rajasthan (2025:Rj-Jd:28833)
2025 Latest Caselaw 1822 Raj

Rajasthan High Court - Jodhpur

Sayban Khan vs State Of Rajasthan (2025:Rj-Jd:28833) on 4 July, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:28833]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 4842/2025

Sayban Khan S/o Thayar Khan, Aged About 42 Years, Resident of
Tehsil Sheo, Sheo, District Barmer, Rajasthan.
                                                                      ----Petitioner
                                         Versus
State of Rajasthan, through PP.
                                                                    ----Respondent


For Petitioner(s)             :        Mr. Pankaj Kumar Gupta
For Respondent(s)             :        Mr. Narendra Singh Chandawat, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

04/07/2025

1. The instant criminal petition has been filed under Section

528 BNSS by the petitioner seeking quashing of the FIR

No.174/2025 lodged at Police Station Suratgarh, District

Sriganganagar, for the offences punishable under Sections 14, 57,

19, 54 and 54-D of BNS.

2. Heard learned counsel for the parties and perused the

material as made available to this Court.

3. This Court, upon a perusal of the case file and the impugned

FIR, 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 (Sections 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

[2025:RJ-JD:28833] (2 of 2) [CRLMP-4842/2025]

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

ventilating his 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 as well as stay application are disposed of.

(KULDEEP MATHUR),J 19-Dinesh/-

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