Gunwant Lal Kumawat vs State Of Rajasthan (2025:Rj-Jd:21676)
2025 Latest Caselaw 387 Raj

Rajasthan High Court - Jodhpur

Gunwant Lal Kumawat vs State Of Rajasthan (2025:Rj-Jd:21676) on 6 May, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:21676]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 3634/2025

1.       Gunwant Lal Kumawat S/o Ratan Lal Kumawat, Aged
         About 66 Years, Resident Of 5/115 Khandu Colony
         Banswara
2.       Nitest Kumawat S/o Gunwant Kumawat, Aged About 42
         Years, Resident Of 5/115 Khandu Colony Banswara
                                                                   ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through PP
2.       Rakesh Munganiya S/o Anil Kumar Munganiya, Resident
         Of Bahubali Colony Rajtalab Banswara Rajasthan
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Devendra Sanwalot.
For Respondent(s)         :     Mr. Sriram Choudhary, PP.



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

06/05/2025

The factual report dated 03.05.2025 received by the learned

Public Prosecutor from the office of the SHO, Police Station Raj

Talab, District Banswara is taken on record. A perusal of the

factual report dated 03.05.2025 indicates that in the result of

investigation, the offences under Sections 316(4), 61(2) and 238

of BNS have been prima facie founds to be proved against the

petitioners.

2. In the opinion of this Court, since the FIR and the factual

report disclose the commission of cognizable offence thus, no case

for quashing of FIR is made out qua the present petitioners.

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

that the offences alleged to have been committed by the

[2025:RJ-JD:21676] (2 of 2) [CRLMP-3634/2025]

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.

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 48-Tikam/-

Powered by TCPDF (www.tcpdf.org)