Sher Khan vs State Of Rajasthan (2025:Rj-Jd:24357)
2025 Latest Caselaw 9925 Raj

Rajasthan High Court - Jodhpur

Sher Khan vs State Of Rajasthan (2025:Rj-Jd:24357) on 20 May, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:24357]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                  S.B. Criminal Misc(Pet.) No. 4096/2025

Sher Khan S/o Mobin Khan, Aged About 30 Years, R/o Village
And Post Office Chainpura Tehsil Bagora District Jalore Rajasthan
                                                                      ----Petitioner
                                      Versus
1.       State Of Rajasthan, Through Public Prosecutor
2.       Suresh Kumar S/o Mangi Lal Prajapat, R/o Modaran At
         Present Revenue Inspector Jeran Bhinmal District Jalore
3.       Mohit Kasaniya, Sub Divisional Magistrate Bhinmal District
         Jalore
                                                                   ----Respondents


For Petitioner(s)           :     Mr. C.S. Kotwani
For Respondent(s)           :     Mr. Narendra Gehlot, PP with
                                  Mr. Omprakash Choudhary.



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

20/05/2025

The Criminal Misc. Petition under Section 528 BNSS has been

filed by the petitioner for quashing of the FIR No.56/2025,

registered at Police Station Bagora, District Jalore for the offence

under Sections 189(2), 132 & 351(2) of BNS.

Heard learned counsel for the parties and perused the

material available on record as well as gone through the niceties

of the matter.

This Court while exercising the powers under Section 528

BNSS cannot minutely go into the correctness of the allegations

levelled against the petitioner, However, upon a perusal of the

case file, this Court prima facie finds that the offences alleged to

have been committed by the petitioner are either triable by a

[2025:RJ-JD:24357] (2 of 2) [CRLMP-4096/2025]

Court of Magistrate or do not contain the maximum imprisonment

of more than seven years.

In that view of the matter, keeping in mind the provisions

contained in Section 41, 41-A Cr.P.C. (35 BNSS) 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 applies 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 45 days shall be served upon him so that he may

per his legal remedies. Needless to say that the petitioner is not

precluded from raising all his grievances before this Court or the

learned trial Court at an appropriate stage.

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 37-himanshu/-

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