Jethi Devi vs State Of Rajasthan (2025:Rj-Jd:26555)
2025 Latest Caselaw 10524 Raj

Rajasthan High Court - Jodhpur

Jethi Devi vs State Of Rajasthan (2025:Rj-Jd:26555) on 28 May, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:26555]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 4528/2025

1.       Jethi Devi W/o Joga Ram, Aged About 49 Years, R/o
         Jinjiniyala Kala Balesar, Jodhpur Rural.
2.       Kasumbi Devi W/o Bhaga Ram, Aged About 49 Years, R/o
         Jinjiniyala Kala Balesar, Jodhpur Rural.
3.       Fuli Devi W/o Vaga Ram, Aged About 57 Years, R/o
         Jinjiniyala Kala Balesar, Jodhpur Rural.
4.       Pepo Devi W/o Maga Ram, Aged About 49 Years, R/o
         Jinjiniyala Kala Balesar, Jodhpur Rural.
5.       Om Prakash Singh S/o Jog Singh, Aged About 46 Years,
         R/o Jinjiniyala Kala Balesar, Jodhpur Rural.
6.       Khushal Ram S/o Channa Ram, Aged About 61 Years, R/o
         Jinjiniyala Kala Balesar, Jodhpur Rural.
7.       Bhanwar Ram S/o Maga Ram, Aged About 50 Years, R/o
         Jinjiniyala Kala Balesar, Jodhpur Rural.
                                                                   ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through PP
2.       Champa Ram S/o Sumera Ram, R/o Jinjiniyala Kala
         Balesar, Jodhpur Rural.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Shoubhag Singh.
                                Mr. Hitendra Singh.
For Respondent(s)         :     Mr. Narendra Gehlot, PP with
                                Mr. Om Prakash Choudhary.



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

28/05/2025

1. The instant criminal petition has been filed under Section

528 BNSS by the petitioners seeking quashing of the FIR

No.77/2025 lodged at Police Station Balesar, District Jodhpur

[2025:RJ-JD:26555] (2 of 2) [CRLMP-4528/2025]

(Rural), for the offences under Sections 189(2), 126(2), 115(2)

and 61(2)(a) of BNS.

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

petitioners 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 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 rights. Needless, to say that

the petitioners are not precluded from ventilating their grievances

before this Court or trial Court if occasion so arises at an

appropriate stage.

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 399-Tikam/-

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