Praveen Kumar vs State Of Rajasthan (2025:Rj-Jd:22468)
2025 Latest Caselaw 739 Raj

Rajasthan High Court - Jodhpur

Praveen Kumar vs State Of Rajasthan (2025:Rj-Jd:22468) on 9 May, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:22468]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 3183/2025

Praveen Kumar S/o Uma Ram, Aged About 30 Years, Resident Of
Silu, Police Thana Sarwana, Tehsil Sanchor, District Jalore.
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Public Prosecutor
2.       Babulal Sub Inspector, Police Thana Raipur, Distt. Beawar
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Sunil Kumar
                                Mr. Shaitan Singh Kheechar
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 03.05.2025 received by the learned

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

Beawar is taken on record.

The impugned FIR and the factual report dated 03.05.2025

submitted before this Court clearly indicates that in the result of

the investigation, the offences under Sections 19/54 and 54D of

Excise Act have been found to be proved against the present

petitioner. The impugned FIR and the factual report disclose the

commission of cognizable offence, thus no case for quashing of

the FIR is made out against the present petitioners.

Upon a perusal of the case file, this Court prima facie finds

that the offences alleged to have been committed by the

petitioners are triable by a Court of Magistrate which do not

[2025:RJ-JD:22468] (2 of 2) [CRLMP-3183/2025]

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 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 them so that they may exercise their legitimate rights.

Needless, to say that the petitioners are not precluded from

raising their grievances 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 59-himanshu/-

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