Manoj Kumar vs State Of Rajasthan (2025:Rj-Jd:51206)
2025 Latest Caselaw 16106 Raj

Rajasthan High Court - Jodhpur

Manoj Kumar vs State Of Rajasthan (2025:Rj-Jd:51206) on 26 November, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:51206]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 9935/2025

Manoj Kumar S/o Shri Teja Ram, Aged About 48 Years, Resident
Of Mungda Road, Balotra Rajasthan.
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Rameshwar Lal Dave
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 petitioner for quashing of the FIR No.272/2025,

registered at Police Station Balotra, District Balotra for the

offences under Section 112(2) BNS and 13 RPGO Act, 1949.

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

petitioner 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

(Uploaded on 26/11/2025 at 06:22:06 PM)

[2025:RJ-JD:51206] (2 of 2) [CRLMP-9935/2025]

squarely applies 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 15

days shall be given to him so that he may exercise his legitimate

rights. Needless to say that the petitioner is not precluded from

raising his 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 239-himanshu/-

(Uploaded on 26/11/2025 at 06:22:06 PM)

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