Lokendra Parikh Alias Lokesh Pareek vs State Of Rajasthan (2025:Rj-Jd:23544)
2025 Latest Caselaw 1449 Raj

Rajasthan High Court - Jodhpur

Lokendra Parikh Alias Lokesh Pareek vs State Of Rajasthan (2025:Rj-Jd:23544) on 15 May, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:23544]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 3912/2025

Lokendra Parikh Alias Lokesh Pareek S/o Shri Ram Kumar
Pareek, Aged About 37 Years, R/o Opposite Varsha Dairy, Neary
Muniji Temple Mahamandir, Jodhpur, Police Station Mahamandir,
District Jodhpur (Rajasthan)
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Public Prosecutor
2.       Ugam Singh S/o Shri Bheem Singh, Aged About 35 Years,
         R/o Rawalgarh Belwa, Shergarh, Police Station Shergarh,
         District Jodhpur Rural (Rajasthan)
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Vijay Kumar Gaur
                                Mr. Karni Singh
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 seeking quashing of the FIR

No.126/2025 lodged at Chopasni Housing Board, District Jodhpur

City West for the offences under Sections 318(4), 338, 336(3),

341(2) and 61(2) of BNS.

2. Heard learned counsel for the parties and perused the

impugned FIR.

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

[2025:RJ-JD:23544] (2 of 2) [CRLMP-3912/2025]

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.

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 43-divya/-

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