Bhanwar Lal vs State Of Rajasthan (2025:Rj-Jd:26281)
2025 Latest Caselaw 10475 Raj

Rajasthan High Court - Jodhpur

Bhanwar Lal vs State Of Rajasthan (2025:Rj-Jd:26281) on 28 May, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:26281]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 4417/2025

Bhanwar Lal S/o Udai Ram Gadari, Aged About 48 Years, R/o W.
No. 10, Kholpura, Gram Pansal, Tehsil And Dist. Bhilwara,raj.
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Raju Lal S/o Devi Lal Mali, R/o W. No. 03, Pansal, Dist.
         Bhilwara
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Bhushan Singh Charan
For Respondent(s)         :     Mr. Narendra Singh Chandawat, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

28/05/2025

1. The factual report dated 24.05.2025 received by the learned

Public Prosecutor from the office of SHO, Police Station Pur,

District Bhilwara is taken on record.

2. The factual report indicates that the investigation in relation

to the impugned FIR could not be completed by the Investigating

Agency for want of record by the Gram Panchayat Pansal, District

Bhilwara.

3. Learned counsel for the petitioner submitted that the

petitioner has falsely been implicated in the present case. Drawing

attention of the Court towards the impugned FIR, learned counsel

submitted that a pure civil dispute between the parties has been

given a colour of criminal offence by the complainant due to

malafide and ulterior motives.

[2025:RJ-JD:26281] (2 of 2) [CRLMP-4417/2025]

4. Heard learned counsel for the parties and perused the

material as made available to this Court.

5. Having perused the impugned FIR and the factual report

dated 24.05.2025, 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 Sections (35 BNSS) 41, 41-A Cr.P.C. as

well as the judgment passed by the Hon'ble 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 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.

6. 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 110-divya/-

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