[Cites 7, Cited by 0]
Rajasthan High Court - Jodhpur
Santosh vs State Of Rajasthan on 14 January, 2026
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 10583/2025
Santosh W/o Anter Singh, Aged About 60 Years, Resident Of
Bhainsali, Hameerwas, Rajgarh, Dist - Churu.
----Petitioner
Versus
1. State Of Rajasthan, Through Pp
2. Surendra Sharma Alias Raghuveer S/o Surajbhan
Sharma, Aged About 41 Years, R/o Bhainsali, Hameerwas,
Rajgarh, Dist -Churu.
3. Snehlata Alias Bula Devi W/o Surendra Sharma @
Raghuveer, Aged About 36 Years, R/o Bhainsali,
Hameerwas, Rajgarh, Dist -Churu.
----Respondents
Connected With
S.B. Criminal Misc(Pet.) No. 5284/2024
1. Surendra Sharma @ Raghuveer S/o Surajbhan Sharma,
Aged About 40 Years, R/o Bhainsli Hameerwas, Churu.
2. Snehlata @ Bula Devi W/o Surendra Sharma @
Raghuveer, Aged About 35 Years, R/o Bhainsli,
Hameerwas, Churu.
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Santosh S/o Anter Singh, R/o Bhainsli, Hameerwas,
Churu.
----Respondents
For Petitioner(s) : Dr. Rohit Kaswan
For Respondent(s) : Mr. H.S. Jodha, PP
HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU
Order
14/01/2026
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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.
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.367/2023 registered at the Police Station Rajgarh, Distt. Churu.
5. The offences alleged against the petitioners are under Section
406, 420 & 120-B 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
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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
175-architp/-
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