Rafiq Mohammad vs State Of Rajasthan (2025:Rj-Jd:39814)
2025 Latest Caselaw 12817 Raj

Rajasthan High Court - Jodhpur

Rafiq Mohammad vs State Of Rajasthan (2025:Rj-Jd:39814) on 8 September, 2025

[2025:RJ-JD:39814]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 7373/2025

Rafiq Mohammad S/o Manjur Hussain, Aged About 56 Years,
Hussaini Chowk Nochoki Road Rajnagar District Rajsamand
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Sho, Police Station Shrinathji Mandir
         District Rajasamand
2.       Abhishek Gurjar S/o Shri Lakshminarayan Ji Gurjar, Aged
         About 39 Years, Vallabhpura Nathwara Tehsil Nathdwara
         District Rajsamand
                                                                 ----Respondents


For Petitioner(s)         :     Mr.Bharat Shrimali.
For Respondent(s)         :     Mr. Narendra Singh, PP.



          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

08/09/2025

1. After arguing for some time, learned counsel for the

petitioner does not want to press the instant criminal misc.

petition. However, he seeks liberty for the petitioner 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 is disposed of

as not pressed with liberty to the petitioner 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 07:34:58 PM)

[2025:RJ-JD:39814] (2 of 2) [CRLMP-7373/2025]

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.

4. The offence alleged against the petitioner is under Section

318(2) of BNS. Thus, the provisions contained under Section 35 of

BNSS (Sections 41 and 41A of the CrPC) 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 offence is found to be proved and the arrest of the

petitioner is absolutely necessary, then instead of affecting arrest

at once, a prior notice of 15 days shall be given to the petitioner.

The petitioner shall be at liberty take up all the issues at

appropriate stage.

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

(MUKESH RAJPUROHIT),J 163-/Jitender//-

(Uploaded on 09/09/2025 at 07:34:58 PM)

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