Mukesh Kumar vs State Of Rajasthan (2025:Rj-Jd:29073)
2025 Latest Caselaw 1957 Raj

Rajasthan High Court - Jodhpur

Mukesh Kumar vs State Of Rajasthan (2025:Rj-Jd:29073) on 7 July, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:29073]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                  S.B. Criminal Misc(Pet.) No. 5117/2025

Mukesh Kumar S/o Dhanpat Raj, Aged About 26 Years, R/o Main
Road, Bilawas, Sojat City District Pali Rajasthan.
                                                                       ----Petitioner
                                       Versus
1.          State Of Rajasthan, Through Pp
2.          Babu Lal S/o Himmataram, R/o Bilawas, Sojat City
            District Pali, Rajasthan.
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Pritam Joshi
For Respondent(s)            :     Mr. Narendra Gehlot, PP with
                                   Mr. Omprakash
                                   Mr. Madan Singh for complainant



              HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

07/07/2025

1. By way of filing the present criminal misc. petition under

Section 528 BNSS, the petitioner has prayed for the following

reliefs:-

"It is, therefore, most humbly and respectfully prayed that this Criminal Misc. Petition may kindly be allowed and the F.I.R. No. 50/2025 registered at Police Station Shivpura District Pali and further proceedings in pursuant thereof, may kindly be quashed and set-aside qua the petitioner.

Any other appropriate relief, which this Hon'ble Court deems just and proper in favour of the petitioners, may kindly be passed."

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. Having perused the impugned FIR, this Court prima facie

finds that the offences alleged to have been committed by the

[2025:RJ-JD:29073] (2 of 2) [CRLMP-5117/2025]

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

(Section 41, 41-A Cr.P.C.) as well as the judgment passed by the

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 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 one

month shall be given to him so that he may exercise his rights.

Needless to say that the petitioner is not precluded from raising

his grievance before the trial Court 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 38-divya/-

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