Jitendra Chotiya vs State Of Rajasthan (2026:Rj-Jd:17075)
2026 Latest Caselaw 5761 Raj

Rajasthan High Court - Jodhpur

Jitendra Chotiya vs State Of Rajasthan (2026:Rj-Jd:17075) on 13 April, 2026

[2026:RJ-JD:17075]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
        S.B. Criminal Miscellaneous (Petition) No. 2652/2026

1.        Jitendra Chotiya S/o Kashi Ram Chotiya, Aged About 30
          Years, Resident Of Tantiya Well, Near Ram Temple,
          Sardarshahar, District Churu (Rajasthan).
2.        Ramkishan Sharma S/o Late Asharam Sharma, Aged
          About      28     Years,         Resident       Of      Village    Kanwalsar,
          Sardarshahar, District Churu Rajasthan.
                                                                        ----Petitioners
                                           Versus
1.        State Of Rajasthan, Through The Public Prosecutor
2.        Deepak Bhati S/o Murlidhar, Aged About 29 Years,
          Resident Of Near Ward No. 03 School, Sevago Ka Bas,
          Sardarshahar, District Churu (Rajasthan).
                                                                      ----Respondents


For Petitioner(s)              :        Mr. Deependra Singh
For Respondent(s)              :        Mr. V.S. Rajpurohit, PP


      HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

Order

13/04/2026

Learned counsel for the petitioner submits that he has

nothing to do with the transaction of sailing of the truck as such

there is no case against him but despite that the Investigating

Officer is not complying with the provision of Section 35 of BNS.

So far as the contention raised regarding compliance of

Section 35(3) BNSS is concerned, Hon'ble Apex Court in

Satender Kumar Antil Vs. Central Bureau of Investigation

and Anr., reported in 2026 INSC 115, has clearly laid down

that a notice under Section 35(3) of the BNSS, 2023 to an

accused or any individual concerned, qua an offence punishable

with imprisonment up to 7 years, is the rule.

(Uploaded on 13/04/2026 at 04:04:25 PM)

[2026:RJ-JD:17075] (2 of 2) [CRLMP-2652/2026]

In view of the principles laid down by the Hon'ble Apex

Court, this Court is not required to pass any further order.

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

Stay petition as well as all pending application(s), if any,

stand disposed of.

(BALJINDER SINGH SANDHU),J 234-Hanuman/-

(Uploaded on 13/04/2026 at 04:04:25 PM)

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