Ved Prakash Mishra vs Rajastha High Court ...
2025 Latest Caselaw 13228 Raj

Rajasthan High Court - Jodhpur

Ved Prakash Mishra vs Rajastha High Court ... on 15 September, 2025

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2025:RJ-JD:40890-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               D.B. Criminal Writ Petition No. 1570/2024

Ved Prakash Mishra S/o Shyam Kartik, Aged About 34 Years, R/o
Gangashahar, 5 No. Tubel Ke Samne, Sujandesar Road, Dist.
Bikaner, Raj.
                                                                       ----Petitioner
                                       Versus
1.       Rajastha High Court, Principal Seat, Jodhpur, Through
         Registrar General (Admin.), Jodhpur
2.       State Of Rajasthan, Through Chief Secretary, Ministry Of
         Home Affairs, Jaipur,raj.
3.       Director General Of Police, Govt. Of Rajasthan, Police
         Head Quarter, Jaipur
4.       The Superintendent Of Police, Nagaur
5.       Sulekha W/o Ved Prakash, Aged About 30 Years, R/o
         Rathori Kuan, Dist. Nagaur
6.       The    Station          House       Officer,       P.s.    Mahila   Thana,
         Nagaur,through Sho, Samjida Bano, Dist. Nagaur
7.       Banshi Lal, Head Constable, Presently Posted At Mahila
         Thana, Nagaur
8.       Rajesh Mali, Head Constable, Presently Posted At Mahila
         Thana, Nagaur
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Vijay Bishnoi
For Respondent(s)            :     Mr. BL Bhati, AAG assisted by
                                   Mr. Aniket Tater


        HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

HON'BLE MR. JUSTICE ANUROOP SINGHI Order 15/09/2025

1. Heard learned counsel for the parties.

2. The present writ petition has been filed with the following

prayers:-

"A. That the Hon'ble High Court may frame the directions in the form of notification or guidelines

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or issued particular Circular for strict compliance of Hon'ble Apex Court Judgment in case of Md. Asfak Alam Vs. the State of Jharkhand and another reported in (2023) 8 SCC 632. And also direct to be followed by the Session Courts and all other Criminal Courts dealing with various offences.

B. That the Director General of Police, Rajasthan may direct to ensure that strict instruction to Police Departments to adhere with the Guidelines issued in case of Arnesh Kumar Vs. State of Bihar, (2014) 8 SCC 273 judgment passed by the Hon'ble Apex Court in respect to Section 41A of Cr.P.C. may complied in true manner and spirit.

C. That the Director General of Police, Rajasthan may ensure that such guidelines and directives/departmental circulars will be issued for guidance of all Lower Court and police authorities in State within reasonable time from today itself.

D. That superintendent of Police, District Nagaur may direct to initiate Department Proceeding Against the Respondents No. 6, 7 and 8."

3. Learned counsel for the petitioner instead of joining the

issues on merit submits that he will be satisfied if the application

preferred by the petitioner before the respondent No.1 on

05.07.2024 may be decided at the earliest.

4. Learned AAG has not raised any objection to the submissions

made by the learned counsel for the petitioner.

5. Considering the limited prayer made by learned counsel for

the petitioner, the present writ petition is disposed of with a

direction to the respondent No.1 Registrar General, Rajasthan

High Court, Jodhpur to take appropriate action in the matter on

the application preferred by the petitioner on 05.07.2024 by

deciding the same at the earliest preferably within a period of six

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weeks from the date of receipt of certified copy of this order

strictly in accordance with law.

6. Let a copy of this order be sent to the respondent No.1.

(ANUROOP SINGHI),J (VINIT KUMAR MATHUR),J 12-nitin/-

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