Bhanwar Kanwar vs State Of Rajasthan (2025:Rj-Jd:25414)
2025 Latest Caselaw 10214 Raj

Rajasthan High Court - Jodhpur

Bhanwar Kanwar vs State Of Rajasthan (2025:Rj-Jd:25414) on 23 May, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:25414]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Criminal Misc(Pet.) No. 4238/2025

1.       Bhanwar Kanwar W/o Hukam Singh, Aged About 44
         Years,      R/o      Mahesho         Ki    Dhani       Chok,    Lathi   District
         Jaisalmer.
2.       Hukam Singh S/o Kesar Singh, Aged About 46 Years, R/o
         Mahesho Ki Dhani Chok, Lathi District Jaisalmer.
3.       Nathu Singh S/o Kesar Singh, Aged About 44 Years, R/o
         Mahesho Ki Dhani Chok, Lathi District Jaisalmer.
4.       Suresh Kumar Paliwal S/o Narsingh Das Paliwal, Aged
         About       32     Years,      R/o     Dhoorsar,         Dhoorsar   Jaisalmer
         Rajasthan, At Present Working As Village Gram Panchayat
         Panasar, Panchayat Samiti Bhaniyana, District Jaisalmer.
                                                                         ----Petitioners
                                          Versus
1.       State Of Rajasthan, Through Pp
2.       Girdhar Singh S/o Guman Singh, R/o Mahesho Ki Dhani
         Odhaniya, Lathi District Jaisalmer.
                                                                       ----Respondents


For Petitioner(s)               :     Mr. Kapil Purohit
                                      Mr. Vikram Kurada
For Respondent(s)               :     Mr. Narendra Gehlot, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

23/05/2025

This criminal misc. petition under Section 528 BNSS filed by

the petitioners for quashing of the FIR No.27/2023, registered at

Police Station Lathi, District Jaisalmer for the offences under

Section 420, 467, 468, 471 and 120-B.

Heard learned counsel for the parties at bar. Perused the

material as made available to this Court and having gone through

the niceties of the matter.

[2025:RJ-JD:25414] (2 of 2) [CRLMP-4238/2025]

This Court while exercising the powers under Section 528

BNSS minutely gone 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 offences alleged to have been

committed by the petitioners are triable by Court of 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

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 45 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 66-himanshu/-

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