Aadesh Kumar vs State Of Rajasthan (2025:Rj-Jd:29542)
2025 Latest Caselaw 2011 Raj

Rajasthan High Court - Jodhpur

Aadesh Kumar vs State Of Rajasthan (2025:Rj-Jd:29542) on 8 July, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:29542]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 5253/2025

Aadesh Kumar S/o Pratap Ram, Aged About 39 Years, R/o Tewali
Khurd, District Pali, Rajasthan.
                                                                       ----Petitioner
                                     Versus
1.       State Of Rajasthan, Through Pp
2.       Pinky W/o Aadesh Kumar, Aged About 35 Years, R/o Near
         Bus    Stand,    Harijan       Basti,      Bilara,       District   Jodhpur,
         Rajasthan.
                                                                   ----Respondents


For Petitioner(s)          :     Mr. Siddharth Mewara
For Respondent(s)          :     Mr. Narendra Gehlot, PP with
                                 Mr. Omprakash.



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

08/07/2025 By way of filing the instant criminal misc. petition under

Section 528 BNSS, the petitioner has prayed for quashing of the

FIR No.326/2024, registered at Police Station Bilara, Jodhpur

Rural for the offences under Sections 85 and 316(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

petitioner 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

[2025:RJ-JD:29542] (2 of 2) [CRLMP-5253/2025]

(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 him so that he may exercise his legitimate

rights. Needless to say that the petitioner is not precluded from

raising his 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 63-himanshu/-

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