Mohammad Ali Gori vs State Of Rajasthan (2025:Rj-Jd:29107)
2025 Latest Caselaw 1954 Raj

Rajasthan High Court - Jodhpur

Mohammad Ali Gori vs State Of Rajasthan (2025:Rj-Jd:29107) on 7 July, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:29107]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Criminal Misc(Pet.) No. 5142/2025

1.       Mohammad Ali Gori S/o Shru Allarakh Khan, Aged About
         51 Years, Nandri Hn 36, Khasra No.21, Ekta Nagar, Banar
         Jodhpur
2.       Kuldeep Singh Inda S/o Shri Chandan Singh Inda, Aged
         About 21 Years, 23/21, Adarsh Nagar, Banar Road,
         Nandri, Jodhpur
3.       Guman Dan S/o Shri Murad Dan, Aged About 62 Years,
         32 Karni Basti Nandri Banar Marg, Banar Jodhpur
4.       Gopal Singh Charan S/o Shri Khangar Singh, Aged About
         52 Years, 33 Rajdhani Hotel, Nandri, Banar Jodhpur
5.       Aman Gori S/o Shri Mohammad Ali Gori, Aged About 21
         Years, Nandri Hn 36, Khasra No21, Ekta Nagar, Banar
         Jodhpur
6.       Bhanu Pratap Singh S/o Shri Gaje Singh, Aged About 23
         Years, 23 Khasra No. 21, Opposite Dena Bank, Karni
         Colony, Nandri Jodhpur
                                                                          ----Petitioners
                                          Versus
1.       State Of Rajasthan, Through Pp
2.       Surta       W/o      Shri     Ramprakash,            19,      Khasra   No.   21,
         Opp8Shanti Petrol Pump Ekta Nagar, Banar Jodhpur
                                                                        ----Respondents


For Petitioner(s)               :     Mr. Siddharth Lalsi
For Respondent(s)               :     Mr. Sri Ram Choudhary, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

07/07/2025

1. The factual report dated 03.07.2025 received by the learned

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

Jodhpur East, Commissionerate Jodhpur, is taken on record.

[2025:RJ-JD:29107] (2 of 2) [CRLMP-5142/2025]

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. In the opinion of this Court, since the FIR discloses the

commission of cognizable offences thus, no case for quashing of

FIR is made out against the present petitioners.

4. 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

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 15

days 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.

5. 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 53-divya/-

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