Naveen vs State Of Rajasthan (2025:Rj-Jd:28953)
2025 Latest Caselaw 1872 Raj

Rajasthan High Court - Jodhpur

Naveen vs State Of Rajasthan (2025:Rj-Jd:28953) on 4 July, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:28953]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                     S.B. Criminal Misc(Pet.) No. 5043/2025

1.        Naveen S/o Mangi Lal, Aged About 32 Years, R/o-Chawandiya
          Kalan, Tehsil - Jaitaran, District-Pali, Rajasthan.
2.        Mangi Lal S/o Shadul Ram, Aged About 72 Years, R/o-
          Chawandiya Kalan, Tehsil - Jaitaran, District-Pali, Rajasthan.
3.        Champa Devi W/o Mangi Lal, Aged About 61 Years, R/o-
          Chawandiya Kalan, Tehsil - Jaitaran, District-Pali, Rajasthan.
4.        Bhundi Devi D/o Mangi Lal, Aged About 39 Years, R/o-
          Chawandiya Kalan, Tehsil - Jaitaran, District-Pali, Rajasthan.
5.        Papi D/o Mangi Lal, Aged About 36 Years, R/o-Chawandiya
          Kalan, Tehsil - Jaitaran, District-Pali, Rajasthan.
                                                                       ----Petitioners
                                         Versus
1.        State Of Rajasthan, Through PP.
2.        Durga Ram S/o Narayan Lal, R/o Bera Bokara Chawandiya
          Kalan, Tehsil - Jaitaran, District-Pali, Rajasthan.
3.        Otaramb S/o Unkar Ram, R/o Bera Bokara Chawandiya Kalan,
          Tehsil - Jaitaran, District-Pali, Rajasthan.
4.        Nathu Ram S/o Duda Ram, R/o Bera Bokara Chawandiya
          Kalan, Tehsil - Jaitaran, District-Pali, Rajasthan.
5.        Durga Ram S/o Ota Ram, R/o Bera Bokara Chawandiya Kalan,
          Tehsil - Jaitaran, District-Pali, Rajasthan.
                                                                     ----Respondents


For Petitioner(s)             :     Ms. Kamini Rathore
For Respondent(s)             :     Mr. Narendra Gehlot, 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 petitioners seeking quashing of the FIR

No.249/2025 lodged at Police Station Jaitaran, District Beawar, for

the offences punishable under Sections 329(4), 324(5) and 351(2)

of BNS.

[2025:RJ-JD:28953] (2 of 2) [CRLMP-5043/2025]

2. The factual report dated 03.07.2025. received by the learned

Public Prosecutor from the office of the SHO, Police Station

Jaitaran, District Beawar is taken on record.

3. Heard learned counsel for the parties and perused the

material as made available to this Court.

4. This Court, upon a perusal of the case file and the factual

report, 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 (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

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 45 days shall be given to

them so that they may exercise their rights. Needless to say that

the petitioners are not precluded from ventilating their grievances

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

appropriate stage.

5. With the aforesaid direction, the misc. petition filed under

Section 528 BNSS as well as stay application are disposed of.

(KULDEEP MATHUR),J 53-Dinesh/-

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