Jagpreet Kaur vs State Of Rajasthan (2025:Rj-Jd:39847)
2025 Latest Caselaw 12821 Raj

Rajasthan High Court - Jodhpur

Jagpreet Kaur vs State Of Rajasthan (2025:Rj-Jd:39847) on 8 September, 2025

[2025:RJ-JD:39847]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 7423/2025
1.       Jagpreet Kaur W/o Sh Kulvinder Singh, Aged About 32
         Years, R/o Lachkani, Ps Sadar Patiala Punjab India.
2.       Kulvinder Singh S/o Bhagwat Singh, Aged About 37
         Years, R/o Lachkani, Ps Sadar Patiala Punjab India.
                                                                   ----Petitioners
                                    Versus
1.       State Of Rajasthan, Through Pp
2.       Khushdeep Kaur S/o Surender Singh, R/o Ward No 06,
         Chak 19Amp, Shahpini Dist Hanumangarh.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. V.K. Bhadu
For Respondent(s)         :     Mr. Narendra Singh Chandawat, PP


      HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order 08/09/2025

1. After arguing for some time, 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. Learned Public Prosecutor does not have any objection with

regard to the same.

3. Accordingly, the instant criminal misc. petition is disposed of

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.

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

Superintendent of Police is directed to minutely and objectively

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[2025:RJ-JD:39847] (2 of 2) [CRLMP-7423/2025]

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. The petitioners

will be at liberty to approach this Court again, if grievance arises.

5. Till 30 days from the date of filing of representation, the

petitioners shall not be arrested in connection with FIR

No.468/2025, registered at the Police Station Sangriya, District

Hanumangarh.

6. The offences alleged against the petitioners are under

Sections 318(4), 316(2) and 61(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 offences are found to be

proved and the arrest of the petitioners is absolutely necessary,

then instead of affecting arrest at once, a prior notice of 15 days

shall be given to the petitioners. Further the petitioners shall be at

liberty to approach this Court, if occasion arises.

7. Stay petition also stands disposed of.

(MUKESH RAJPUROHIT),J 192-mSingh/-

(Uploaded on 10/09/2025 at 03:12:51 PM)

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