Ghanshyam Meghwal vs State Of Rajasthan (2025:Rj-Jd:50595)
2025 Latest Caselaw 15929 Raj

Rajasthan High Court - Jodhpur

Ghanshyam Meghwal vs State Of Rajasthan (2025:Rj-Jd:50595) on 24 November, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:50595]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 8048/2025

1.        Ghanshyam Meghwal S/o Dadam Chandra Meghwal, Aged
          About 34 Years, Resident Of Nai Colony Kuthwas Udaipur
          Rajasthan
2.        Dadam Chandra Meghwal S/o Hamer Lal Meghwal, Aged
          About 58 Years, Resident Of Kuthwas Kuntwas Bhinder
          Udaipur Rajasthan
                                                                      ----Petitioners
                                         Versus
1.        State Of Rajasthan, Through Pp
2.        Uma Meghwal W/o Ghanshyam Meghwal, D/o Late Shri
          Keshu Lal R/o Moditehsil Vallabhnagar District Udaipur
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Dilip Vidoya
For Respondent(s)            :     Mr. Hathi Singh Jodha, PP
                                   Mr. Palash Wadhwani



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

24/11/2025

The instant criminal misc. petition has been filed under

Section 528 BNSS by the petitioners seeking quashing of the FIR

No.138/2025, registered at Police Station Kheroda, District

Udaipur for the offences under Sections 74, 85, 115(2) and 316(2)

of BNS.

Heard learned counsel for the parties at Bar. Perused the

material as made available to this Court.

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

that the impugned FIR discloses commission of cognizable offence,

thus no case for quashing of the impugned FIR is made out. This

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[2025:RJ-JD:50595] (2 of 2) [CRLMP-8048/2025]

Court further 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 35 BNSS (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 15 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 his

grievance before this Court or learned trial Court, if occasion so

arises 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 249-himanshu/-

(Uploaded on 24/11/2025 at 05:45:09 PM)

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