Mangi Lal vs State Of Rajasthan (2025:Rj-Jd:51170)
2025 Latest Caselaw 16166 Raj

Rajasthan High Court - Jodhpur

Mangi Lal vs State Of Rajasthan (2025:Rj-Jd:51170) on 26 November, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:51170]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 9813/2025

Mangi Lal S/o Shri Maga Ram, Aged About 41 Years, R/o Rendari
Tehsil Sojat District Pali
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       S. K. Finance Ltd., Registered Office G1 And G 2 New
         Market, Khasa Kothi Circle, Jaipur, Branch Office 1St Floor
         Monal Plaza Nahar Road, Opp. P.c.c.b. Bank Pali At
         Present Naju Plaza, Plot No 173, 3 Floor, Aadinath Nagar,
         Near New Bus Stand, Sumerpur Road, Pali Through
         Authorized Jaswant Deora
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Aidan Choudhary
For Respondent(s)         :     Mr. Prem Singh Panwar, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

26/11/2025 This criminal miscellaneous petition under Section 528 of the

Bharatiya Nagarik Suraksha Sanhita (BNSS) has been filed by the

petitioner seeking quashing of FIR No. 279/2025, registered at

Police Station Kotwali, District Pali, for offences punishable under

Sections 314, 316(2), and 318(4) of the Bharatiya Nyaya Sanhita

(BNS), as well as for quashing of the investigation in pursuant

thereto.

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.

(Uploaded on 26/11/2025 at 06:46:08 PM)

[2025:RJ-JD:51170] (2 of 2) [CRLMP-9813/2025]

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

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 237-himanshu/-

(Uploaded on 26/11/2025 at 06:46:08 PM)

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