Champa Lal Meghwal vs State Of Rajasthan (2025:Rj-Jd:22464)
2025 Latest Caselaw 738 Raj

Rajasthan High Court - Jodhpur

Champa Lal Meghwal vs State Of Rajasthan (2025:Rj-Jd:22464) on 9 May, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:22464]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 3056/2025

Champa Lal Meghwal S/o Khema Meghwal, Aged About 46 Years,
Amarpura, Kheroda, Udaipur, Rajasthan.
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Tulsi Bai W/o Har Lal Meghwal, Amarpura, Kheroda,
         Udaipur, Rajasthan
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Ram Singh Rawal
For Respondent(s)         :     Mr. Narendra Gehlot, PP with
                                Mr. Om Prakash Choudhary



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

09/05/2025

The factual report dated 12.04.2025 received by the learned

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

Udaipur is taken on record.

The impugned FIR and the factual report dated 12.04.2025

submitted before this Court indicates that in the result of

investigation, the offences under Sections 115(2), 333 and 75(2)

of BNS have been found to be proved against the present

petitioner. The impugned FIR as well as the factual report

discloses the commission of cognizable offence, thus no case for

quashing of the FIR is made out against the present petitioner.

This Court while exercising the powers under Section 528

BNSS minutely gone into the correctness of the allegations

levelled against the petitioner and upon a perusal of the case file,

[2025:RJ-JD:22464] (2 of 2) [CRLMP-3056/2025]

this Court prima facie finds that the offences alleged to have been

committed by the petitioner do not contain the maximum

imprisonment 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 the 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 fifteen days shall be given to him so that he may

exercise his legitimate rights. Needless, to say that the petitioner

is not precluded from raising his grievance before the trial Court.

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 49-himanshu/-

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