Navratan Sharma vs State Of Rajasthan (2025:Rj-Jd:25468)
2025 Latest Caselaw 10216 Raj

Rajasthan High Court - Jodhpur

Navratan Sharma vs State Of Rajasthan (2025:Rj-Jd:25468) on 23 May, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:25468]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 4242/2025

1.       Navratan Sharma S/o Laxman Sharma, Aged About 35
         Years, R/o A-4 Natraj Colony Near J.p. Gate Lal Kothi
         Gandhi Nagar District Jaipur
2.       Laxman Sharma S/o Kunna Ram Sharma, Aged About 63
         Years, R/o A-4 Natraj Colony Near J.p. Gate Lal Kothi
         Gandhi Nagar District Jaipur
3.       Sarla Sharma W/o Laxman Sharma, Aged About 65 Years,
         R/o A-4 Natraj Colony Near J.p. Gate Lal Kothi Gandhi
         Nagar District Jaipur
                                                                   ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Lucky Sharma W/o Navratan Sharma, Aged About 32
         Years, R/o B-239, Rajbagh, Soorsagar, District Jodhpur.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Sanjay Bishnoi
For Respondent(s)         :     Mr. Narendra Gehlot, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

23/05/2025

The factual report dated 21.05.2025 received by the learned

Public Prosecutor from the office of SHO, P.S. Mahila, West

Jodhpur Commissionerate is taken on record.

As per the factual report dated 21.05.2025 submitted before

this Court, the Investigating Agency has not found offences

against the petitioners No.2 and 3 to be proved.

Heard learned counsel for the parties at Bar. Perused the

material available on record.

[2025:RJ-JD:25468] (2 of 2) [CRLMP-4242/2025]

This Court while exercising the powers under Section 528

BNSS minutely gone into the correctness of the allegations

levelled against the petitioners 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

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 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 69-himanshu/-

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