Prema Ram Saran vs State Of Rajasthan (2025:Rj-Jd:29978)
2025 Latest Caselaw 2138 Raj

Rajasthan High Court - Jodhpur

Prema Ram Saran vs State Of Rajasthan (2025:Rj-Jd:29978) on 10 July, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:29978]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 5321/2025

1.       Prema Ram Saran S/o Bhakar Ram, Aged About 50 Years,
         R/o Sarano Ki Dhani, Guda Vishnoiyan, Jodhpur.
2.       Mohan Lal Bishnoi S/o Bhakar Ram, Aged About 43 Years,
         R/o Khavon Ka Bass, Guda Vishnoiyan, Jodhpur.
3.       Rakesh Saran S/o Prema Ram Saran, Aged About 27
         Years, R/o Sarano Ki Dhani, Guda Vishnoiyan, Jodhpur.
4.       Birbal S/o Bhagirath, Aged About 47 Years, R/o Khavo Ka
         Bass, Guda Vishnoiyan, Jodhpur.
                                                                   ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Anil Kumar S/o Shri Mohan Lal, Aged About 45 Years, R/o
         Korna, P.s. Mandali, Dist. Balotra, Raj.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Mohit Singh Choudhary
For Respondent(s)         :     Mr. Narendra Singh Chandawat, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

10/07/2025 This criminal misc. petition under Section 528 BNSS has

been filed by the petitioners for quashing of the FIR No.146/2025,

registered at Police Station Kudi Bhagtasani, Jodhpur City West for

the offences under Sections 189(2), 329(3), 115(2), 126(2),

303(2), 324(4) and 324(5) 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.

[2025:RJ-JD:29978] (2 of 2) [CRLMP-5321/2025]

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 or do not

contain the maximum imprisonment 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 20

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

legitimate rights. Needless to say that the petitioners are not

precluded from raising their 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 20-himanshu/-

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