Mahesh Kumar vs State Of Rajasthan (2025:Rj-Jd:28898)
2025 Latest Caselaw 1887 Raj

Rajasthan High Court - Jodhpur

Mahesh Kumar vs State Of Rajasthan (2025:Rj-Jd:28898) on 4 July, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:28898]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 5042/2025

1.       Mahesh Kumar S/o Bhup Singh, Aged About 40 Years,
         Resident Of Ward No. 9, Chak 2 Dlp Nathwana Tehsil
         Sangaria District Hanumangarh.
2.       Om Prakash S/o Amar Singh, Aged About 23 Years,
         Resident Of Ward No. 9 Joravarpura Tehsil District
         Hanumangarh.
                                                                   ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through PP
2.       Ashish Kumar S/o Shri Chiman Lal, Resident Of Nagrana
         Tehsil Sangaria District Hanumangarh.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Rakesh Matoria.
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.390/2025 lodged at Police Station Hanumangarh Junction,

District Hanumangarh, for the offences under Sections 318(4) and

316(2) of 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. This Court upon a perusal of the case file 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

[2025:RJ-JD:28898] (2 of 2) [CRLMP-5042/2025]

contain the maximum punishment of more than seven years, and

keeping in mind the provisions contained in 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 ten 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.

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 52-Tikam/-

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