Rohit Malhotra vs State Of Rajasthan (2025:Rj-Jd:24904)
2025 Latest Caselaw 10135 Raj

Rajasthan High Court - Jodhpur

Rohit Malhotra vs State Of Rajasthan (2025:Rj-Jd:24904) on 22 May, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:24904]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 3116/2025

Rohit Malhotra S/o Sh. Ashok Kumar, Aged About 47 Years, R/o
Sharma Colony, Rani Bajar, Near Bangli Mandir Bikaner Dist.
Bikaner.
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Pradeep Kurda S/o Sh. Kurda Ram, Branch Manager, Sbi
         Bank, Hospital Road, Kotget Bikaner.
                                                                 ----Respondents
                              Connected With
                S.B. Criminal Misc(Pet.) No. 2568/2025
Praveen Begum W/o Falak Sher, Aged About 56 Years, Near Fad
Bazar Pathano Ka Mohalla Kotgate Bikaner
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Pradeep Kumar S/o Kurda Ram, Working As Branch
         Manager State Bank Of India Having Office At Hospital
         Road Kotgate Bikaner
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Vinod Kumar Bhadu
                                Mr. Abhishek Mehta
For Respondent(s)         :     Mr. Narendra Gehlot, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

22/05/2025

1. The factual report dated 19.05.2025 received by the learned

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

Bikaner is taken on record.

[2025:RJ-JD:24904] (2 of 2) [CRLMP-3116/2025]

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. Having perused the impugned FIR and the factual reprot

dated 19.05.2025, 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 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

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 one month 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 this Court or trial Court at an appropriate stage, if occasion

so arises.

6. With the aforesaid direction, these misc. petitions filed under

Section 528 BNSS (482 Cr.P.C.) as well as stay applications are

disposed of.

(KULDEEP MATHUR),J 36-divya/-

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