[Cites 3, Cited by 0]
Rajasthan High Court - Jodhpur
Suman vs State Of Rajasthan on 14 January, 2026
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 10550/2025
1. Suman W/o Rajendra Das, Aged About 40 Years, Resident
Of Sandeela District Nagaur
2. Rajendra Das S/o Pusa Ram, Aged About 28 Years,
Resident Of Sandeela District Nagaur
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Deepa Ram S/o Ramu Ram, Resident Of Mamroda
Khunkhuna District Didwana Kuchaman
----Respondents
For Petitioner(s) : Mr. Ramawatar Singh
For Respondent(s) : Mr. H.S. Jodha
Mr. Suresh Nehra
HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU
Order
14/01/2026
1. After arguing for some time, learned counsel for the
petitioners 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.
(Uploaded on 16/01/2026 at 05:44:38 PM)
(2 of 2) [CRLMP-10550/2025]
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 within 30 days thereof. All
the relevant documents with the representation shall also be taken
into consideration. The parties will be at liberty to approach this
Court again, if grievance arises.
4. Till 30 days from the date of filing of representation, the
petitioners shall not be arrested in connection with FIR No.
0176/2025 registered at the Police Station Khunkhuna, Distt.
Didwana-Kuchaman.
5. The offences alleged against the petitioners are under Section
137(2) 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 petitioners is
absolutely necessary, then instead of affecting arrest at once, a
prior notice of 15 days shall be given to the petitioners. The
petitioners shall be at liberty take up all the issued at appropriate
stage.
6. Stay petition also stands disposed of.
(BALJINDER SINGH SANDHU),J
173-architp/-
(Uploaded on 16/01/2026 at 05:44:38 PM)
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