Ramlal Gurjar vs State Of Rajasthan (2025:Rj-Jd:39849)
2025 Latest Caselaw 12775 Raj

Rajasthan High Court - Jodhpur

Ramlal Gurjar vs State Of Rajasthan (2025:Rj-Jd:39849) on 8 September, 2025

[2025:RJ-JD:39849]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                S.B. Criminal Misc(Pet.) No. 7565/2025
1.       Ramlal Gurjar S/o Sohanlal Gurjar, Aged About 31 Years,
         R/o Village Khati Hera, Mangrop, Dist. Bhilwara, Raj.
2.       Ganpat Lal Gurjar S/o Laxman Lal Gurjar, Aged About 20
         Years, Resident Of Berada Ki Jhopdiya, Kankroliya, District
         Bhilwara(Raj.).
3.       Rahul Gadri S/o Kisan Lal Gadri, Aged About 20 Years,
         Resident Of Tumbdiya, District Chittorgarh(Raj.).
4.       Vinod Kumar Regar S/o Ugma Regar, Aged About 19
         Years, Resident Of Pipli, District Bhilwara(Raj.).
                                                                       ----Petitioners
                                       Versus
1.       State Of Rajasthan, Through PP
2.       The Mine And Minerals Dept, Through AAG
                                                                     ----Respondents


For Petitioner(s)            :     Mr. Vishal Sharma
For Respondent(s)            :     Mr. Narendra Singh Chandawat, PP


          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

08/09/2025

1. Learned counsel for the petitioners does not want to press

the instant criminal misc. petition. However, he seeks liberty for

the petitioners to submit a representation to the concerned

Superintendent of Police with appropriate directions to decide the

same and issue necessary instructions to the concerned

Investigating Officer.

2. Accordingly, the instant criminal misc. petition as well as stay

petition are dismissed as not pressed with liberty to the petitioners

to submit a detailed representation to the concerned

Superintendent of Police averring therein all the grounds which

have been raised in this petition within a period of 10 days from

the date of receipt of a copy of this order.

(Uploaded on 09/09/2025 at 10:51:54 AM)

[2025:RJ-JD:39849] (2 of 2) [CRLMP-7565/2025]

3. In the event, the representation is submitted, the concerned

Superintendent of Police is directed to minutely and objectively

consider the contents of the same and thereafter, issue necessary

instructions to the Investigating Officer. All the relevant

documents with the representation shall also be taken into

consideration. The representation shall be decided within a period

of 30 days from the date of receipt of the same. Till 30 days from

the date of filing of representation, the petitioners shall not be

arrested in connection with FIR No.156/2025, registered at the

Police Station Mangarop, District Bhilwara.

4. The offences alleged against the petitioners are under

Section 303(2) of the BNS and Sections 4 & 21 of the MMDR Act.

Thus, the provisions contained under Section 35 of BNSS

(Sections 41 and 41A of Cr.P.C.) are applicable mutatis mutandis

and the judgment rendered by Hon'ble Supreme Court in the case

of Arnesh Kumar v. State of Bihar [AIR 2014 SC 2756]

applies squarely in the present case, therefore, it is deemed

appropriate to direct the investigating officer that in the event, the

offences are found to be proved and the arrest of the petitioners

are absolutely necessary, then instead of affecting arrest at once,

a prior notice of 15 days shall be given to the petitioners. The

petitioners shall be at liberty to take up all the issues at

appropriate stage.

5. Pending applications, if any, also stand disposed of.

(MUKESH RAJPUROHIT),J 409-Ramesh/-

(Uploaded on 09/09/2025 at 10:51:54 AM)

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