Kalu Ram vs State Of Rajasthan
2026 Latest Caselaw 517 Raj

Rajasthan High Court - Jodhpur

Kalu Ram vs State Of Rajasthan on 14 January, 2026

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
                 S.B. Criminal Misc(Pet.) No. 9192/2025

Kalu    Ram      S/o   Rameshwarji,          Aged       About      67    Years,   R/o
Gandhinagar Abu Road Sahar, Sirohi, Rajasthan.
                                                                        ----Petitioner
                                      Versus
1.          State Of Rajasthan, Thought Learned Public Prosecutor
2.          Msr Kavita Morwal D/o Vijay Morwal, R/o New Sai Vihar
            Colony, Abu Road Sahar, Sirohi
                                                                   ----Respondents
                                Connected With
                 S.B. Criminal Misc(Pet.) No. 7204/2025
Chandra Shekhar Saxena S/o Ram Nath Saxena, Aged About 57
Years, R/o 1, Ambika Colony, Bijasani, Abu Road Sahar, Sirohi,
Rajasthan
                                                                        ----Petitioner
                                      Versus
1.          State Of Rajasthan, Through Public Prosecutor
2.          Kavita Morwal D/o Vijay Morwal, R/o New Sai Vihar
            Colony, Abu Road Sahar, District Sirohi, Rajasthan
                                                                   ----Respondents


For Petitioner(s)           :     Ms. Manisha Rathore
For Respondent(s)           :     Mr. H.S. Jodha, PP



       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

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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.0199/2025 registered at the Police Station Abu Road Sahar,

Distt. Sirohi.

5. The offences alleged against the petitioners are under Section

318(4), 316(2) and 61(2) of 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

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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 130-architp/-

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