Manoj Vyas vs State (2025:Rj-Jd:50299)
2025 Latest Caselaw 15824 Raj

Rajasthan High Court - Jodhpur

Manoj Vyas vs State (2025:Rj-Jd:50299) on 20 November, 2025

[2025:RJ-JD:50299]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 4788/2019

1.       Manoj Vyas S/o Shri Dwarkadas Vyas, Aged About 43
         Years, By Caste Brahmin, R/o House No. 409, Inderraj
         Society, First Floor, Near Inder Vihar Colony, Jodhpur.
2.       Jitendra Purohit S/o Shri Rajendra Prasad Purohit, Aged
         About 38 Years, By Caste Brahmin, R/o House No. 221-B,
         Shyam Nagar, Jodhpur.
                                                                   ----Petitioners
                                    Versus
1.       State, Through P.p.
2.       Anand Vyas S/o Shri Bhagwan Das Vyas, Kikani Vyaso Ka
         Chowk, Dau Kaka Ki Gali, Naya Sahar, Bikaner.
                                                                 ----Respondents
                              Connected With
                S.B. Criminal Misc(Pet.) No. 4678/2019
1.       Sangeeta Vyas W/o Shri Manoj Kumar, Aged About 42
         Years, By Caste Brahmin, Resident Of House No. 409,
         Inderraj Society, First Floor, Near Inder Vihar Colony,
         Jodhpur.
2.       Kishan Gopal Bohra S/o Shri Amar Das, Aged About 49
         Years, By Caste Brahmin, Resident Of Hatriyo Ka Chowk,
         Pungal Pada, Jodhpur.
                                                                   ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Anand Vyas S/o Shri Bhagwan Das Vyas, Resident Of
         Kikani Vyaso Ka Chowk, Dau Kaka Ki Gali, Naya Sahar,
         Bikaner.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Ajay Vyas
For Respondent(s)         :     Mr. Vikram Rajpurohit, PP
                                Mr. Bheem Kant Vyas



             HON'BLE MR. JUSTICE SANDEEP TANEJA

Order

20/11/2025

1. The present criminal misc. petitions under Section 482 of

Cr.P.C. have been filed by the petitioners seeking quashing of the

(Uploaded on 20/11/2025 at 05:23:01 PM)

[2025:RJ-JD:50299] (2 of 2) [CRLMP-4788/2019]

FIR No.442/2019 registered at Police Station Naya Sahar, Bikaner

for the offences under Sections 420 and 120B IPC.

2. Heard learned counsel for the parties at Bar and perused the

material available on record.

4. In the opinion of this Court, since the FIR discloses the

commission of cognizable offence thus, no case for quashing of

FIR is made out qua the present petitioners.

5. 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 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 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 one month shall be given to

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

the petitioners are not precluded from raising their grievance

before the trial Court.

6. With the aforesaid direction, the misc. petitions as well as stay

application(s) are disposed of.

(SANDEEP TANEJA),J 24-hanuman/-

(Uploaded on 20/11/2025 at 05:23:01 PM)

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