Paras Bardia vs State Of Rajasthan (2025:Rj-Jd:23506)
2025 Latest Caselaw 1396 Raj

Rajasthan High Court - Jodhpur

Paras Bardia vs State Of Rajasthan (2025:Rj-Jd:23506) on 15 May, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:23506]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 3907/2025

Paras Bardia S/o Shri Madan Lal Bardia, Aged About 31 Years, R/
o Oswal Mohallah, Ward No.11, Nohar, District Hanumangarh
(Raj)
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Rajpal Si, Presently Si Police Station Nohar, District
         Hanumangarh (Raj)
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Hardik Gautam
For Respondent(s)         :     Mr. Narendra Gehlot, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

15/05/2025

1. The instant criminal misc. petition has been filed by the

petitioner seeking quashing of the FIR No.164/2025 lodged at

Nohar, District Hanumangarh for the offences under Sections

318(4) of BNS, Section 66-B of IT Act and Sections 3 & 4 of

Rajasthan Public Gambling Ordinance, 1949.

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. There are allegations in the FIR regarding illegal betting by

the accused person, which is disclosing the commission of

cognizable offences; thus, no case for quashing of FIR is made out

against the present petitioner.

[2025:RJ-JD:23506] (2 of 2) [CRLMP-3907/2025]

4. 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 fifteen days shall be given to

him so that he may exercise his rights. Needless, to say that the

petitioners is not precluded from raising his grievance before the

trial Court.

5. 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 39-divya/-

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