Divesh Bhatia vs State Of Rajasthan (2025:Rj-Jd:23553)
2025 Latest Caselaw 1450 Raj

Rajasthan High Court - Jodhpur

Divesh Bhatia vs State Of Rajasthan (2025:Rj-Jd:23553) on 15 May, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:23553]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 3921/2025

Divesh Bhatia S/o Dr Mohan Bhatia, Aged About 43 Years, R/o C-
402, Aatrey Tulips, Near Kalrav Party Plot, Opposite Madar Dairy,
Indra Bridge Road Bhat, Gandhi Naga (Gujarat)
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Station House Officer, Police
         Station Mahila Thana, Dist. Bhilwara.
2.       Smt Vinita W/o Divesh Bhatia, D/o Manna Lal Sindhi,
         Resident Of G-274/14, Vaibhav Nagar Shastri Nagar
         Bhilwara
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Bharat Shrimai.
For Respondent(s)         :     Mr. Narendra Gehlot, PP with
                                Mr. Omprakash Choudhary.



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

15/05/2025

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

BNSS has been filed by the petitioner seeking quashing of the FIR

No.54/2025 registered at Police Station Mahila Thana (Bhilwara),

District Bhilwara for the offences under Sections 85 and 316(2) of

BNS, 2023 and Section 4 of the Dowry Prohibition Act, 1961.

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

material available on record.

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 petitioner.

[2025:RJ-JD:23553] (2 of 2) [CRLMP-3921/2025]

5. This Court upon a perusal of the case file prima facie finds

that the offences alleged to have been committed by the petitioner

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 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 rights. Needless, to say that the

petitioner 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 50-Tikam/-

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