Dalpat Singh Rathore vs State Of Rajasthan (2026:Rj-Jd:121)
2026 Latest Caselaw 50 Raj

Rajasthan High Court - Jodhpur

Dalpat Singh Rathore vs State Of Rajasthan (2026:Rj-Jd:121) on 6 January, 2026

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2026:RJ-JD:121]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                       S.B. Criminal Misc(Pet.) No. 7/2026

1.       Dalpat Singh Rathore S/o Samandar Singh Rathore, Aged
         About 66 Years, R/o Noble School Kuchaman City District
         Didwana Kuchaman Raj.
2.       Sanjeev Singh S/o Dalpat Singh, Aged About 44 Years, R/
         o     Noble       School        Kuchaman           City        District   Didwana
         Kuchaman Raj.
                                                                            ----Petitioners
                                          Versus
1.       State Of Rajasthan, Through Public Prosecutor
2.       Mahipal Singh S/o Chagan Singh, R/o Kokpura Kuchaman
         City District Didwana Kuchaman Raj.
                                                                          ----Respondents


For Petitioner(s)               :     Mr. Vinod Choudhary
For Respondent(s)               :     Mr. Hanuman Ram Prajapati, PP



              HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

06/01/2026

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

the instant criminal misc. petition. However, 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 as well as stay

petition are dismissed 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

(Uploaded on 06/01/2026 at 01:48:00 PM)

[2026:RJ-JD:121] (2 of 2) [CRLMP-7/2026]

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

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. Till the

representation is decided, the petitioners 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 petitioners are 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.

(KULDEEP MATHUR),J 7-divya/-

(Uploaded on 06/01/2026 at 01:48:00 PM)

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