Bhanwar Lal Sharma vs State Of Rajasthan (2025:Rj-Jd:22479)
2025 Latest Caselaw 741 Raj

Rajasthan High Court - Jodhpur

Bhanwar Lal Sharma vs State Of Rajasthan (2025:Rj-Jd:22479) on 9 May, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:22479]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 3720/2025

Bhanwar Lal Sharma S/o Satya Narayan Sharma, Aged About 48
Years, At Present Acbeo-1 Sirganganagar Resident Near Railway
Crossing Ward No 1 Sharma Sadan Sriganganagar Rajasthan
                                                                      ----Petitioner
                                      Versus
1.       State Of Rajasthan, Through Pp
2.       Sunil Kumar S/o Banarasi Dass, At Present Cbeo Purani
         Abadi Sirganganagar Resident Of H. No. 2105 Agrasen
         Nagar       Kotwali     Ganganagar             District    Sirganganagar
         Rajasthan
                                                                   ----Respondents


For Petitioner(s)           :     Mr. Dhirendra Singh, Sr. Adv. Assisted
                                  by Ms. Priyanka Borana
                                  Mr. Jagdish Singh
For Respondent(s)           :     Mr. Narendra Singh, PP
                                  Mr. Ravi Bhansali, Sr. Adv. With
                                  Mr. Vipul, for complainant



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

09/05/2025

This criminal misc. petition has been filed under Section 528

BNSS, for quashing of the FIR No.131/2025, registered at Police

Station Purani Abadi, District Sri Ganganagar for the offences

under Sections 127(2), 132, 189(2), 221 and 224 of BNS.

The factual report dated 08.05.2025 received by the learned

Public Prosecutor from the office of SHO, P.S. Purani Abadi, Sri

Ganganagar is taken on record.

Heard learned counsel for the parties at Bar. Perused the

material as made available to this Court as well as gone through

the niceties of the matter.

[2025:RJ-JD:22479] (2 of 2) [CRLMP-3720/2025]

The impugned FIR and the factual report dated 08.05.2025

submitted before this Court, disclose the commission of cognizable

offences, and therefore, this Court is not inclined to entertain the

present criminal misc. petition.

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

that the offences alleged to have been committed by the

petitioners are either triable by a Court of Magistrate or 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 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 21-himanshu/-

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