Prabhu Ram vs State Of Rajasthan (2025:Rj-Jd:29437)
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Rajasthan High Court - Jodhpur

Prabhu Ram vs State Of Rajasthan (2025:Rj-Jd:29437) on 8 July, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:29437]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Criminal Misc(Pet.) No. 5214/2025

1.          Prabhu Ram S/o Chenaram, Aged About 67 Years, R/o
            Salodi Ps Rajiv Gandhi Nagar Jodhpur City West Jodhpur
2.          Laxman Ram S/o Prabhu Ram, Aged About 42 Years, R/o
            Salodi Ps Rajiv Gandhi Nagar Jodhpur City West Jodhpur
                                                                     ----Petitioners
                                      Versus
1.          State Of Rajasthan, Through Station House Officer Ps
            Rajiv Gandhi Nagar Jodhpur City West
2.          Shrawan S/o Baburam Mali, R/o Salodi Rajiv Gandhi
            Nagar Jodhpur City West
                                                                   ----Respondents


For Petitioner(s)           :     Mr. Bharat Shrimali
For Respondent(s)           :     Mr. Narendra Gehlot, PP
                                  Mr. Surendra Singh Choudhary for
                                  complainant



              HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

08/07/2025

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

Section 528 BNSS, the petitioners have prayed for the following

reliefs:-

"It is, therefore, most respectfully prayed that this Misc. Petition may kindly be allowed and F.I.R. no. 139/2025 P.S. Rajiv Gandhi Nagar, Jodhpur City West may kindly be quashed and set aside and also other proceedings which arise from impugned FIR may be quashed and set aside.

Any other appropriate order which is in favour of petitioner 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.

[2025:RJ-JD:29437] (2 of 2) [CRLMP-5214/2025]

3. 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 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 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 15

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

Needless to say that the petitioners are not precluded from raising

their grievances 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 37-divya/-

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