Manoj Kumar vs State Of Rajasthan (2025:Rj-Jd:26301)
2025 Latest Caselaw 10521 Raj

Rajasthan High Court - Jodhpur

Manoj Kumar vs State Of Rajasthan (2025:Rj-Jd:26301) on 28 May, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:26301]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 4357/2025

Manoj Kumar S/o Ram Kumar, Aged About 32 Years, Resident Of
Chak 7 Km, Gram Panchayat Chaiya Tehsil Rawatsar District
Hanumangarh.
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Saraswati W/o Manoj Kumar, Resident Of Chak 7 Km
         Chaiya, At Present Bhojasar Chhota, Bhanipura District
         Churu.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Rakesh Matoria
For Respondent(s)         :     Mr. Narendra Gehlot, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

28/05/2025

1. The instant criminal petition has been filed under Section

528 BNSS by the petitioner seeking quashing of the FIR

No.78/2025 lodged at Police Station Bhanipura, District Churu, for

the offences under Sections 498A, 323 and 406 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. This Court upon a perusal of the case file 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

[2025:RJ-JD:26301] (2 of 2) [CRLMP-4357/2025]

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 45 days shall be given to him

so that he may exercise their rights. Needless to say that the

petitioner is not precluded from ventilating his grievances before

this Court or 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 55-himanshu/-

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