Tikendra Bharti vs State Of Rajasthan (2025:Rj-Jd:25864)
2025 Latest Caselaw 10444 Raj

Rajasthan High Court - Jodhpur

Tikendra Bharti vs State Of Rajasthan (2025:Rj-Jd:25864) on 27 May, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:25864]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 4319/2025

Tikendra Bharti S/o Padam Bharti, Aged About 42 Years, Sar
Math Gram Sir Teshil Luni District Jodhpur
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Surendra Singh S/o Prathvi Singh, 645 Hanwant A Bjs
         Police Station Mahamandir Jodhpur City East
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Nishant Bora
For Respondent(s)         :     Mr. Narendra Singh Chandawat, PP
                                Mr. Prithvi Raj Singh Jodha for
                                complainant



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

27/05/2025

1. This instant criminal misc. petition under Section 528 BNSS

(482 Cr.P.C.) has been filed by the petitioner for quashing of the

FIR No.187/2025 lodged at Police Station Mahamandir, Jodhpur

City East for the offences under Sections 420 of IPC.

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, this Court prima facie

finds that the offence alleged to have been committed by the

petitioner is 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

[2025:RJ-JD:25864] (2 of 2) [CRLMP-4319/2025]

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 one month shall be given to

him so that he may exercise his rights. Needless to say that the

petitioner is not precluded from raising his grievance before this

Court or the trial Court at an appropriate stage, if occasion so

arises.

4. 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 30-divya/-

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