Kanahaiya Lal Gurjar vs State Of Rajasthan (2025:Rj-Jd:21630)
2025 Latest Caselaw 370 Raj

Rajasthan High Court - Jodhpur

Kanahaiya Lal Gurjar vs State Of Rajasthan (2025:Rj-Jd:21630) on 6 May, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:21630]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 3584/2025

1.       Kanahaiya Lal Gurjar S/o Bhoja Ram Gurjar, Aged About
         43 Years, Resident Of Singh Ji Ka Kheda, Mansha,
         Bhilwara, Rajasthan.
2.       Narayan Gurjar S/o Chanda Gurjar, Aged About 33 Years,
         Resident Of Narsingh, Girdiya, Bhilwara, Rajasthan.
                                                                     ----Petitioners
                                      Versus
1.       State Of Rajasthan, Pp
2.       Sunil Gurjar S/o Gopal Gurjar, Resident Of Singhji Ka
         Kheda (Mantha), Kotri, Bhilwara, Rajasthan.
                                                                   ----Respondents


For Petitioner(s)           :     Mr. Tej Singh Badgujar
For Respondent(s)           :     Mr. Narendra Singh, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

06/05/2025

1. The factual report dated 03.05.2025 received by the learned

Public Prosecutor from the office of SHO, Police Station Pratap

Nagar, Dist. Bhilwara is taken on record.

2. The factual report dated 03.05.2025 indicates that after

making thorough investigation in connection with FIR

No.214/2025 lodged at Police Station Pratap Nagar, District

Bhilwara, the offences under Sections 140(3), 115(2) and 117(2)

of BNS, 2023 have been found to be proved against the present

petitioners.

3. In the opinion of this Court, since the factual report discloses

the commission of cognizable offence; thus, no case for quashing

of FIR is made out against the present petitioners.

[2025:RJ-JD:21630] (2 of 2) [CRLMP-3584/2025]

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

that the offences alleged to have been committed by the

petitioners 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 23-divya/-

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