Anirudh Kakkad vs State Of Rajasthan (2026:Rj-Jd:2272)
2026 Latest Caselaw 486 Raj

Rajasthan High Court - Jodhpur

Anirudh Kakkad vs State Of Rajasthan (2026:Rj-Jd:2272) on 14 January, 2026

[2026:RJ-JD:2272]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                    S.B. Criminal Misc(Pet.) No. 129/2026

Anirudh Kakkad S/o Pawan Kumar, Aged About 33 Years, R/o B
402 Manglam Residency, Pragati Nagar, Ajmer, Rajasthan
                                                                          ----Petitioner
                                            Versus
1.       State Of Rajasthan, Through Public Prosecutor
2.       Mahipal Singh S/o Chagan Singh, R/o Kokpura, Kuchaman
         City Distict Didwana Kuchaman Rajasthan
                                                                       ----Respondents


For Petitioner(s)                :       Mr. Vinod Choudhary
For Respondent(s)                :       Mr. Vikram Rajpurohit, PP



      HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

Order

14/01/2026

1. Learned counsel for the petitioner does not want to press the

instant criminal misc. petition. However, seeks liberty for the

petitioner 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 as well as stay

petition are dismissed as not pressed with liberty to the petitioner

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

(Uploaded on 16/01/2026 at 10:07:30 AM)

[2026:RJ-JD:2272] (2 of 2) [CRLMP-129/2026]

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. Till the representation is decided, the petitioner

shall not be arrested in connection with FIR No.278/2024

registered at the Police Station Kuchaman City, District Deedwana-

Kuchaman.

4. The offences alleged against the petitioner is under Sections

420 and 406 of IPC. 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.

Further the petitioner shall be at liberty to approach this Court, if

occasion arises.

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

(BALJINDER SINGH SANDHU),J 205-deep/-

(Uploaded on 16/01/2026 at 10:07:30 AM)

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