Dharmesh Dadhich vs State Of Rajasthan (2025:Rj-Jd:25474)
2025 Latest Caselaw 10217 Raj

Rajasthan High Court - Jodhpur

Dharmesh Dadhich vs State Of Rajasthan (2025:Rj-Jd:25474) on 23 May, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:25474]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 4255/2025

Dharmesh Dadhich S/o Sh. Murlidhar Ji, Aged About 35 Years,
R/o Koshithal, P.s. Gangapur, Dist. Bhilwara.
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp.
2.       Nilam W/o Sh. Dharmesh Dadhich, Aged About 31 Years,
         D/o Radheshyam Ji, R/o Koshithal, At Present R/o Gilund,
         P.s. - Relmangra, Dist. Rajsamand (Raj.)
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Sudhir Saruparia
For Respondent(s)         :     Mr. Narendra Gehlot, PP with
                                Mr. Ravindra Singh Bhati, AGA



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

23/05/2025

1. The instant criminal petition has been filed under Section

528 BNSS by the petitioner seeking quashing of the FIR

No.64/2025 lodged at Police Station Relmangra, District

Rajsamand, for the offences punishable under Sections 85 and

316(2) of BNS.

2. The factual report dated 21.05.2025 received by the learned

Public Prosecutor from the office of the SHO, Police Station

Relmangra, District Rajsamand is taken on record.

3. 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.

[2025:RJ-JD:25474] (2 of 2) [CRLMP-4255/2025]

4. This Court, upon a perusal of the case file and the factual

report, prima facie finds that the offences alleged to have been

committed by the petitioner 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 applies 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 45 days shall be given to him so that he may exercise his

rights. Needless to say that the petitioner is not precluded from

ventilating his grievances before this Court or trial Court if

occasion so arises at an appropriate stage.

5. With the aforesaid direction, the misc. petition filed under

Section 528 BNSS as well as stay application are disposed of.

(KULDEEP MATHUR),J 81-Dinesh/-

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