Manohar Lal Wadhwa vs State Of Rajasthan (2025:Rj-Jd:23401)
2025 Latest Caselaw 1340 Raj

Rajasthan High Court - Jodhpur

Manohar Lal Wadhwa vs State Of Rajasthan (2025:Rj-Jd:23401) on 14 May, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:23401]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 3012/2025

Manohar Lal Wadhwa S/o Ram Lal Wadhwa, Aged About 47
Years, R/o 15, Prem Nagar, Near Payal Cinema, Sriganganagar,
Dist. Sriganganagar (Raj.)
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Sanmukh Singh S/o Pratap Singh, R/o 7-Z, Guru Teg
         Bahadur Nagar, Sriganganagar, Dist. Sriganganagar. At
         Present Posted As Dy. Manager, Sbi Branch Jawahar
         Nagar, Sriganganagar, District Sriganganagar.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Pradeep Singh Khosa
For Respondent(s)         :     Mr. Shri Ram Choudhary, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

14/05/2025

The factual report dated 09.05.2025 received by the learned

Public Prosecutor from the office of SHO, P.S. Jawaharnagar,

District Sri Ganganagar is taken on record.

The impugned FIR and the factual report dated 09.05.2025

submitted before this Court indicates that in the result of

investigation, the offences under Section 318(4) and 316(2) of

BNS have been prima facie found to be proved against the present

petitioner. The impugned FIR as well as the factual report

discloses the commission of cognizable offence, thus no case for

quashing of the FIR is made out against the present petitioner. It

is a settled law that an FIR cannot be quashed on the ground of

bald assertion of false allegations.

[2025:RJ-JD:23401] (2 of 2) [CRLMP-3012/2025]

This Court while exercising the powers under Section 528

BNSS minutely gone into the correctness of the allegations

levelled against the petitioner and upon a perusal of the case file,

this Court prima facie finds that the offences alleged to have been

committed by the petitioner are triable by Court of Magistrate or

do not contain the maximum imprisonment 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 the 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 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 legitimate rights.

Needless, to say that the petitioner is not precluded from raising

his grievance before the trial Court.

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 98-himanshu/-

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