Abhishek Chhipa vs State Of Rajasthan (2026:Rj-Jd:1390)
2026 Latest Caselaw 325 Raj

Rajasthan High Court - Jodhpur

Abhishek Chhipa vs State Of Rajasthan (2026:Rj-Jd:1390) on 12 January, 2026

[2026:RJ-JD:1390]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 9555/2025

Abhishek Chhipa S/o Prakash Chhipa, Aged About 25 Years,
Resident Of Potla, Sahada, Gangapur, District Bhilwara Raj..
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through The Public Prosecutor.
2.       Premlata W/o Shri Rameshwar Lal Regar, Resident Of
         Potla, Sahada, Gangapur, District Bhilwara Raj..
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Mahipal Singh Rathore
For Respondent(s)         :     Mr. Vikram Rajpurohit, PP



      HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

Order

12/01/2026

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 petitioners to submit a representation 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 petitioners to submit a detailed

representation 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.

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

(Uploaded on 12/01/2026 at 08:01:16 PM)

[2026:RJ-JD:1390] (2 of 2) [CRLMP-9555/2025]

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. The parties will be at liberty to

approach this Court again, if grievance arises.

4. The offences alleged against the petitioner are under Section

74, 132, 351(2), 352 & 326(b) of BNS and Sections 3(1)(r) & 3(1)

(s) of the Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989. 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

petitioners 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 issued at

appropriate stage.

5. Stay petition also stands disposed of.

(BALJINDER SINGH SANDHU),J 144-deep/-

(Uploaded on 12/01/2026 at 08:01:16 PM)

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