Rajasthan High Court - Jodhpur
Amandeep Singh vs State Of Rajasthan (2025:Rj-Jd:26562) on 28 May, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:26562]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4529/2025
1. Amandeep Singh S/o Sh Harnek Singh, Aged About 29
Years, R/o Near School, Village Rajanwali, Post Rajanwali,
District Fazilka, Punjab
2. Sukhcharan Kaur W/o Sh Harnek Singh, Aged About 78
Years, R/o Near School, Village Rajanwali, Post Rajanwali,
District Fazilka, Punjab
3. Karnel Kaur W/o Sh.harnek Singh, Aged About 48 Years,
R/o Near School, Village Rajanwali, Post Rajanwali,
District Fazilka, Punjab
4. Harnek Singh S/o Sh Hardit Singh, Aged About 82 Years,
R/o Near School, Village Rajanwali, Post Rajanwali,
District Fazilka, Punjab
5. Sandeep Kaur W/o Sh Gurpreet Singh, Aged About 22
Years, R/o House No. 46, Near Govt. High School, Village
Desu Malkana, District Sirsa, Haryana
6. Gurpreet Singh S/o Sh Jarnail Singh, Aged About 22
Years, R/o House No. 46, Near Govt. High School, Village
Desu Malkana, District Sirsa, Haryana
----Petitioners
Versus
1. State Of Rajasthan, Through Public Prosecutor
2. Rajndeep Kaur W/o Sh Amandeep Singh, D/o Sh.
Balkaran Singh, R/o Ward No.3, Village Nukera, Tehsil
Sagariya, District Hanumangarh
----Respondents
For Petitioner(s) : Mr. Ranjeet Singh Chouhan.
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.155/2025 lodged at Police Station Sangariya, District
[2025:RJ-JD:26562] (2 of 2) [CRLMP-4529/2025]
Hanumangarh, for the offences under Sections 498A, 406 and 323
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
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
400-Tikam/-
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