Suresh Kumar vs State Of Rajasthan (2025:Rj-Jd:23498)
2025 Latest Caselaw 1447 Raj

Rajasthan High Court - Jodhpur

Suresh Kumar vs State Of Rajasthan (2025:Rj-Jd:23498) on 15 May, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:23498]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 3898/2025

Suresh Kumar S/o Gita Ram, Aged About 60 Years, R/o Bolawali,
Tehsil Sangriya, District Hanumangarh (Raj)
                                                                         ----Petitioner
                                         Versus
1.       State Of Rajasthan, Through Pp
2.       Ajayab Singh S/o Sardul Singh, R/o Morjand Sikhan,
         Sangriya, District Hanumangarh (Raj)
                                                                      ----Respondents


For Petitioner(s)             :     Mr. Kuldeep Sharma
For Respondent(s)             :     Mr. Narendra Gehlot, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

15/05/2025

1. The instant criminal misc. petition under Section 482 Cr.P.C.

has been filed by the petitioner for quashing of the FIR

No.111/2025 registered at Police Station Sangriya, District

Hanumangarh, for the offences under Sections 318(4), 316(2) and

61(2)(a) of BNS.

2. The factual report dated 12.05.2025 received by the learned

Public Prosecutor from the office of SHO, P.S. Sangriya, District

Hanumangarh in taken on record.

3. 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.

4. There are allegations in the FIR regarding cheating against

victim-respondent No.2 which discloses the commission of

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

[2025:RJ-JD:23498] (2 of 2) [CRLMP-3898/2025]

against the present petitioners as FIR cannot be quashed on bald

assertions of false allegations.

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 one month 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.

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 35-divya/-

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