Mohammad Faizan vs State Of Rajasthan (2025:Rj-Jd:24595)
2025 Latest Caselaw 9987 Raj

Rajasthan High Court - Jodhpur

Mohammad Faizan vs State Of Rajasthan (2025:Rj-Jd:24595) on 21 May, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:24595]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                 S.B. Criminal Misc(Pet.) No. 2506/2025

Mohammad Faizan S/o Mohammad Aarif, Aged About 32 Years,
R/o Station Road, Azamgali, Makrana.
                                                                     ----Petitioner
                                     Versus
1.       State Of Rajasthan, Through Pp
2.       Rampuri S/o Roshan Lal, R/o Bbb-201, Ansal Sushant,
         Acro Police Gaziabad, Uttar Pradesh, Presently Project
         Head Key Stone Resort, Udaipur.
                                                                  ----Respondents


For Petitioner(s)          :     Mr. Pravin Vyas
For Respondent(s)          :     Mr. Narendra Singh Chandawat, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

21/05/2025

1. The instant criminal miscellaneous petition has been filed by

the petitioner for quashing of the FIR No.296/2024 lodged at

Police Station Ambamata, District Udaipur, for the offences under

Sections 420 and 406 of IPC.

2. Heard learned counsel for the parties and perused the

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

the niceties of the matter.

3. The factual report received by the learned Public Prosecutor

from the office of SHO, P.S. Ambamata, District Udaipur is taken

on record which indicates that despite issuance of notice under

Sections 35(3) of BNS, 2023, the petitioner has neither appeared

before the investigating agency nor he is co-operating in the

investigation.

[2025:RJ-JD:24595] (2 of 2) [CRLMP-2506/2025]

4. On a careful perusal of the impugned FIR and the factual

report, this Court 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 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 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 one month shall be given to him so that he may exercise

his rights. Needless, to say that the petitioner is not precluded

from raising his grievance before this Court or the trial Court at an

appropriate stage, if occasion so arises.

5. 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 57-divya/-

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