Rameshwar Ram vs State Of Rajasthan (2025:Rj-Jd:24385)
2025 Latest Caselaw 9947 Raj

Rajasthan High Court - Jodhpur

Rameshwar Ram vs State Of Rajasthan (2025:Rj-Jd:24385) on 20 May, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:24385]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 4126/2025

1.       Rameshwar Ram S/o Shri Lalu Ram, Aged About 51
         Years, Resident Of Kalda Bera Neniya District Nagaur.
2.       Satyanarayan S/o Late Shri Birdi Chand, Aged About 42
         Years, Resident Of Kuchipala Tehsil Makrana District
         Didwana Kuchaman
3.       Sohan Ram S/o Shri Lalu Ram, Aged About 49 Years,
         Resident Of Ward No 4 Neniya District Nagaur
4.       Prabhu Ram Choudhary S/o Shri Nanda Ram Choudhary,
         Aged About 51 Years, Resident Of 706 D 20 Ward No 3
         Near Kalka Das Wali Gali Mehrauli South Delhi Delhi
5.       Ramniwas S/o Shri Narayan Ram, Aged About 32 Years,
         Resident Of Untwalo Ki Dhani Kanvlad Neniya District
         Nagaur
                                                                         ----Petitioners
                                       Versus
1.       State Of Rajasthan, Through PP
2.       Dwarka      Prasad      S/o    Shri      Bankat          Lal,    Resident   Of
         Brahmano      Ka       Mohalla     Nenita      Police       Station     Distric
         Didwana Kuchaman
                                                                    ----Respondents


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



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

20/05/2025

1. The instant criminal petition has been filed under Section

528 BNSS by the petitioners seeking quashing of the FIR

No.83/2025 lodged at Police Station Parvatsar, District Deedwana-

[2025:RJ-JD:24385] (2 of 2) [CRLMP-4126/2025]

Kuchaman, for the offences under Sections 318(4), 329(3) and

61(2) of BNS.

2. Heard learned counsel for the parties and perused the

material as made available to this Court.

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

that the offences alleged to have been committed by the

petitioners are either triable by a court of Magistrate and/or do not

contain the maximum punishment of more than seven years, and

thus, 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 applies

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 45 days shall be given to

them so that they may exercise their rights. Needless, to say that

the petitioners are not precluded from ventilating their grievances

before this Court or trial Court if occasion so arises at an

appropriate stage.

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 52-Tikam/-

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