Devilal vs State Of Rajasthan (2025:Rj-Jd:29129)
2025 Latest Caselaw 1971 Raj

Rajasthan High Court - Jodhpur

Devilal vs State Of Rajasthan (2025:Rj-Jd:29129) on 7 July, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:29129]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 5147/2025

Devilal S/o Hadmana Ram, Aged About 46 Years, Resident Of
Ward No 01, Malkisar Chhota, Kapurisar, District Bikaner
Rajasthan
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through The Public Prosecutor
2.       Manish Awasthi S/o Shiv Kumar Sharma, Resident Of
         Jhajhi Rampura, Gate Ke Paasnimapara Baswa, District
         Dausa At Present Posted As Food Inspector Loonkarsar,
         District Bikaner
                                                                 ----Respondents


For Petitioner(s)           :   Mr. K.R. Saharan
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. Loonkaransar,

District Bikaner is taken on record.

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 disclose the

commission of cognizable offence thus, no case for quashing of

FIR is made out against the present petitioner.

4. This Court upon a perusal of the case file 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

[2025:RJ-JD:29129] (2 of 2) [CRLMP-5147/2025]

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 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

petitioners is not precluded from raising his 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 57-divya/-

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