Smt Manisha Songara vs State Of Rajasthan
2025 Latest Caselaw 1969 Raj

Rajasthan High Court - Jodhpur

Smt Manisha Songara vs State Of Rajasthan on 7 July, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:29235]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                 S.B. Criminal Misc(Pet.) No. 5207/2025

Komal Soni W/o Shri Parshuram Soni, Aged About 28 Years, R/o
Sunaro Ki Bichali Guwad, Taksal Gali, District Bikaner, Rajasthan.
                                                                      ----Petitioner
                                      Versus
1.          State Of Rajasthan, Through Public Prosecutor
2.          The Branch Manager, Shri Santosh Dan Charan, Address-
            State Bank Of India ,gangasahar Road,kotget,district
            Bikaner,rajasthan.
                                                                   ----Respondents


For Petitioner(s)           :     Mr. Pankaj Arora
For Respondent(s)           :     Mr. Narendra Singh Chandawat, PP



              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 respectfully and humbly prayed that this criminal misc. petition may kindly be ordered to be allowed and the impugned F.I.R. NO. 167/2025 (Annexure-1) may kindly be ordered to quashed and set aside; and"

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

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

[2025:RJ-JD:29235] (2 of 2) [CRLMP-5207/2025]

(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 20

days shall be given to her so that he may exercise her 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 82-divya/-

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