Birja Ram vs State Of Rajasthan (2025:Rj-Jd:29170)
2025 Latest Caselaw 1956 Raj

Rajasthan High Court - Jodhpur

Birja Ram vs State Of Rajasthan (2025:Rj-Jd:29170) on 7 July, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:29170]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 5153/2025

Birja Ram S/o Lal Chand, Aged About 42 Years, Resident Of
Bherusri Tehsil Rawatsar District Hanumangarh
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Radheshyam S/o Jagdish, Resident Of Bherusri Tehsil
         Rawatsar District Hanumangarh
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Ramawatar Singh
For Respondent(s)         :     Mr. Narendra Gehlot, PP with
                                Mr. R.S. Bhati, AGA



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

07/07/2025 This criminal misc. petition under Section 528 BNSS has

been filed by the petitioners for quashing of the FIR No.385/2025,

registered at Police Station Rawatsar, District Hanumangarh for

the offences under Sections 318(4) and 61(2) of BNS.

Heard learned counsel for the parties at bar. Perused the

material as made available to this Court and gone through the

niceties of the matter.

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 or do not

contain the maximum imprisonment 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 the

[2025:RJ-JD:29170] (2 of 2) [CRLMP-5153/2025]

Hon'ble Supreme Court in the case of Arnesh Kumar vs. State

of Bihar, reported in AIR 2014 SC 2756, the dictum of which

squarely applies 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 20

days shall be given to them so that they may exercise their

legitimate rights. Needless to say that the petitioners are not

precluded from raising their grievance before the trial Court.

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 62-himanshu/-

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