Lumbaram vs State Of Rajasthan (2026:Rj-Jd:16669)
2026 Latest Caselaw 5522 Raj

Rajasthan High Court - Jodhpur

Lumbaram vs State Of Rajasthan (2026:Rj-Jd:16669) on 9 April, 2026

Author: Farjand Ali

Bench: Farjand Ali

[2026:RJ-JD:16669]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Writ Petition No. 1501/2026

1.       Lumbaram S/o Chenaram, Aged About 26 Years, R/o
         Sada Jhhund Sindhari Balotra
2.       Daluram S/o Manaram, Aged About 30 Years, R/o Nehro
         Ki Dhani Sindhari Balotra
3.       Bheraram S/o Hariram, Aged About 27 Years, R/o Hoodu
         Hoodu Barmer
4.       Gorkharam S/o Tejaram, Aged About 26 Years, R/o
         Bhatala Sada Sindhari Balotra
5.       Junjaram S/o Bhanwararam, Aged About 28 Years, R/o
         Aadel Ps Rgt (Rawli Nadi) Barmer
                                                                      ----Petitioners
                                        Versus
1.       State Of Rajasthan, Through Pp
2.       The Superintendent Of Police, Dist. Balotra, Raj.
3.       Sho, Ps Sindhari, Dist. Balotra
4.       Thakararam S/o Mangaram, R/o Nai Undari Rageshwari
         Gas Terminal (Rawli Nadi) Barmer, Raj.
                                                                    ----Respondents


For Petitioner(s)             :    Mr. VR Bishnoi
For Respondent(s)             :    Mr. SR Choudhary, PP



                HON'BLE MR. JUSTICE FARJAND ALI

Order

09/04/2026

1. Learned counsel for the petitioner submits that he does not

wish to press the instant petition. However, he seeks liberty for

the petitioner to submit a representation to the Superintendent of

Police concerned, along with a direction to the said authority to

consider and decide the same and to issue appropriate

instructions to the Investigating Officer. He further prays for

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[2026:RJ-JD:16669] (2 of 3) [CRLW-1501/2026]

interim protection from arrest so as to enable the petitioner to

avail the said remedy.

2. Accordingly, the instant petition as well as the stay petition

are dismissed as not pressed, with liberty to the petitioner to

submit a detailed representation to the Superintendent of Police

concerned, raising all the grounds urged in the present petition,

within a period of 15 days from the date of receipt of this order.

3. In the event such a representation is submitted, the

Superintendent of Police concerned shall objectively,

independently and minutely consider the same. The

Superintendent of Police shall ensure that the investigation is

conducted fairly and impartially. It shall also be specifically

examined by the Superintendent of Police himself as to whether

the petitioner was in custody in another matter at the time of the

alleged incident, as stated in the impugned FIR, and such aspect

shall be given due and serious consideration while deciding the

representation. All relevant documents submitted along with the

representation shall also be duly taken into consideration. The

representation shall be decided by a reasoned order within a

period of 15 days from the date of its receipt, and thereafter, the

result of the investigation shall be proceeded with and placed on

record in accordance with law.

4. Considering the prayer so made, and only with a view to

enable the petitioner to effectively raise his plea before the

competent authority and to ensure a fair and impartial

investigation, it is directed that the petitioner shall not be arrested

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[2026:RJ-JD:16669] (3 of 3) [CRLW-1501/2026]

for a period of 30 days from today in connection with FIR

No.46/2026, PS Sindhari, Balotra. This order shall not be

construed as an expression on the merits of the case. All pending

applications stand disposed of.

(FARJAND ALI),J 196-chhavi/-

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