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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