Sandeep Kumar vs State Of Rajasthan (2025:Rj-Jd:39972)
2025 Latest Caselaw 12874 Raj

Rajasthan High Court - Jodhpur

Sandeep Kumar vs State Of Rajasthan (2025:Rj-Jd:39972) on 9 September, 2025

[2025:RJ-JD:39972]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 3672/2025

Sandeep Kumar S/o Ramswaroop, Aged About 30 Years, R/o
Ward No. 4, Binjh, Bayala, Ganganagar, Rajasthan.
                                                                      ----Petitioner
                                      Versus
1.       State Of Rajasthan, Through Pp
2.       Sachin Yadav S/o Ramkumar Yadav, Aged About 27 Years,
         R/o Chomu, Govindgarh, Jaipur Rural Currently Posted As
         Branch      Manager,      Rbl    Finserv       Limited,     Hanumangarh
         Junction.
                                                                   ----Respondents


For Petitioner(s)           :     Mr. Jayant Garg
For Respondent(s)           :     Mr. Narendra Singh Chandawat, PP



          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

09/09/2025

1. The instant criminal petition has been filed under Section

528 BNSS by the petitioner seeking quashing of the FIR

No.273/2025 lodged at Police Station Hanumangarh Junction,

District Hanumangarh, for the offences under Sections 318(4),

316(5) and 61(2) of BNS.

2. Heard learned counsel for the parties and perused the

material as made available to this Court as well as gone through

the niceties of the matter.

3. This Court upon a perusal of the case file prima facie finds

that the offences alleged to have been committed by the petitioner

are either triable by a court of Magistrate and/or do not contain

the maximum punishment of more than seven years, and keeping

(Uploaded on 10/09/2025 at 04:34:30 PM)

[2025:RJ-JD:39972] (2 of 2) [CRLMP-3672/2025]

in mind the provisions contained in Section 35 of BNS (Sections

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 45 days shall be

given to him so that he may exercise their rights. Needless to say

that the petitioner is not precluded from ventilating their

grievances before this Court or trial Court at an appropriate stage

if occasion so arises.

4. With the aforesaid direction, the misc. petition filed under

Section 528 BNSS (482 Cr.P.C.) as well as stay application are

disposed of.

(MUKESH RAJPUROHIT),J 39-mSingh/-

(Uploaded on 10/09/2025 at 04:34:30 PM)

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