Kalyan Singh vs State Of Rajasthan (2025:Rj-Jd:41152)
2025 Latest Caselaw 13258 Raj

Rajasthan High Court - Jodhpur

Kalyan Singh vs State Of Rajasthan (2025:Rj-Jd:41152) on 16 September, 2025

[2025:RJ-JD:41152]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                S.B. Criminal Misc(Pet.) No. 4813/2025

Kalyan Singh S/o Lal Singh, Aged About 32 Years, R/o Ward No.
40, Sadar, Barmer, Rajasthan.
                                                                        ----Petitioner
                                       Versus
1.       State Of Rajasthan, Through Pp
2.       Jumab Khan S/o Mehardeen, R/o Mohara Dist. Phalodi.
                                                                     ----Respondents


For Petitioner(s)            :     Mr. BS Charan.
For Respondent(s)            :     Mr. HS Jodha, PP.



          HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

16/09/2025

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 along with all the documents 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 along with all the documents to the concerned

Superintendent of Police averring therein all the grounds which

have been raised in this petition within a period of 07 days from

the date of receipt of a copy of this order.

(Uploaded on 16/09/2025 at 06:40:32 PM)

[2025:RJ-JD:41152] (2 of 2) [CRLMP-4813/2025]

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

petitioner shall not be arrested in connection with FIR

No.181/2025, registered at the Police Station Phalodi, District

Phalodi.

5. The offences alleged against the petitioner are under

Sections 316(2) & 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 offences are 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.

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

(MUKESH RAJPUROHIT),J 16-/Jitender//-

(Uploaded on 16/09/2025 at 06:40:32 PM)

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