Siddhesh Doshi vs State Of Rajasthan (2025:Rj-Jd:51152)
2025 Latest Caselaw 16102 Raj

Rajasthan High Court - Jodhpur

Siddhesh Doshi vs State Of Rajasthan (2025:Rj-Jd:51152) on 26 November, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:51152]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 9808/2025

1.       Siddhesh Doshi S/o Pradeep Doshi, Aged About 23 Years,
         R/o Nagda Bajar Boharwadi Salumber Udaipur
2.       Pradeep Kumar Doshi S/o Mahendra Kumar Doshi, Aged
         About 53 Years, R/o Nagda Bajar Boharwadi Salumber
         Udaipur
3.       Dipika Doshi W/o Pradeep Kumar Doshi, Aged About 55
         Years, R/o Nagda Bajar Boharwadi Salumber Udaipur
4.       Sachin S/o Vinay Kant Doshi, Aged About 40 Years, R/o
         27 Pushpkunj Society Valasana Road Idar Sabarkanta
         Gujarat
5.       Sajal Doshi W/o Sachin Doshi, Aged About 35 Years, R/o
         27 Pushpkunj Society Valasana Road Idar Sabarkanta
         Gujarat
                                                                   ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through Public Prosecutor
2.       Jevi Govadiya W/o Siddhesh Doshi, R/o Sagwara District
         Dungarpur
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Vijay Kumar
For Respondent(s)         :     Mr. Prem Singh Panwar, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

26/11/2025 This criminal misc. petition under Section 528 BNSS has

been filed by the petitioners for quashing of the FIR No.242/2025,

registered at Police Station Sagwara, District Dungarpur for the

offences under Sections 85, 316(2), 115(2) and 333 of BNS.

(Uploaded on 26/11/2025 at 06:47:29 PM)

[2025:RJ-JD:51152] (2 of 2) [CRLMP-9808/2025]

Heard learned counsel for the parties at bar. Perused the

material as made available to this Court and gone through the

niceties of the matter.

Having perused the impugned FIR, this Court 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 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 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 their grievance before the trial Court.

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 233-himanshu/-

(Uploaded on 26/11/2025 at 06:47:29 PM)

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