Bismilla vs State Of Rajasthan (2025:Rj-Jd:25002)
2025 Latest Caselaw 10096 Raj

Rajasthan High Court - Jodhpur

Bismilla vs State Of Rajasthan (2025:Rj-Jd:25002) on 22 May, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:25002]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 4177/2025

Bismilla W/o Mohd Abbas, Aged About 42 Years, Resident Of
Bangla Nagar, Behind Chungi Naka, Gajner Road, Bikaner (Raj.)
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Sadam Husain S/o Mohammad Husain, Resident Of
         Chungi Chowki, Bangla Nagar, Bikaner (Raj.) At Present
         Resident Of 01 Ssm, Pugal , District Bikaner (Raj.)
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Devendra Kahalana
                                Mr. Devi Singh
For Respondent(s)         :     Mr. Shriram Choudhary, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

22/05/2025

The factual report dated 20.05.2025 received by the learned

Public Prosecutor from the office of SHO, P.S. Pugal, District

Bikaner is produced by learned Public Prosecutor and the same is

taken on record.

Heard learned counsel for the parties at bar. Perused the

material as made available to this Court.

This Court while exercising the powers under Section 528

BNSS cannot minutely go into the correctness of the allegations

levelled against the petitioner and upon a perusal of the case file,

this Court prima facie finds that the FIR and the factual report

dated 20.05.2025 clearly indicates that the offences alleged to

have been committed by the petitioner are triable by Court of

[2025:RJ-JD:25002] (2 of 2) [CRLMP-4177/2025]

Magistrate or do not contain the maximum imprisonment 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 the

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 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 83-himanshu/-

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