Indar Singh vs State Of Rajasthan (2025:Rj-Jd:23015)
2025 Latest Caselaw 1109 Raj

Rajasthan High Court - Jodhpur

Indar Singh vs State Of Rajasthan (2025:Rj-Jd:23015) on 13 May, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:23015]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 3779/2025

1.       Indar Singh S/o Narayan Singh, Aged About 44 Years, R/o
         New Kasindra, Swaroop Ganj, District Sirohi.
2.       Salim Khan S/o Rawat Khan, Aged About 45 Years, R/o
         Kacholi Swaroopganj Sirohi
                                                                   ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through PP
2.       Giri Raj Singh S/o Natwar Singh, R/o Kunbhar Faliu,
         Jawaraj, Police Station Vasna, District Ahamdabad.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. M.A. Siddiqui.
                                Mr. Sikander Khan.
For Respondent(s)         :     Mr. Narendra Gehlot, PP with
                                Mr. Omprakash Choudhary.
                                Mr. Kapil Purohit



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

13/05/2025

1. The present criminal misc. petition under Section 528 of

BNSS has been filed by the petitioners seeking quashing of the

FIR No.61/2025 registered at Police Station Rohera, District Sirohi

for the offences under Sections 420, 467, 468, 447 and 120B IPC.

2. Heard learned counsel for the parties at Bar and perused the

material available on record.

3. There are allegations in the FIR against the petitioners

regarding cheating the complainant. As per the impugned FIR, the

petitioner No.2 had taken a sum of Rs.31,00,000/- from the

complainant on the pretext of sale of a land situated in Khasra

[2025:RJ-JD:23015] (2 of 2) [CRLMP-3779/2025]

No.47, Patwar Halka Bharja though the land does not belong to

him.

4. In the opinion of this Court, since the FIR discloses the

commission of cognizable offence thus, no case for quashing of

FIR is made out qua the present petitioners.

5. 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 15 days shall be given to

them so that they may exercise their rights. Needless, to say that

the petitioners are not precluded from raising their grievance

before the trial Court.

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 232-Tikam/-

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