Sanwal Ram vs State Of Rajasthan
2026 Latest Caselaw 617 Raj

Rajasthan High Court - Jodhpur

Sanwal Ram vs State Of Rajasthan on 15 January, 2026

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
                S.B. Criminal Misc(Pet.) No. 314/2026

1.        Sanwal Ram S/o Rupa Ram Rebari, Aged About 45 Years,
          R/o   Bijrol     Kheda,        Tehsil     Sanchour,        District   Jalore,
          Rajasthan
2.        Ratnaram S/o Rupa Ram Rebari, Aged About 40 Years, R/
          o Bijrol Kheda, Tehsil Sanchour, District Jalore, Rajasthan
                                                                       ----Petitioners
                                        Versus
1.        State Of Rajasthan, Through Public Prosecutor
2.        Lakharam S/o Phagluram Rebari, Aged About 75 Years, R/
          o Bijrol Kheda, Tehsil Sanchour, District Jalore, Rajasthan
                                                                     ----Respondents


For Petitioner(s)             :     Mr. Jagdish Kumar Vishnoi
For Respondent(s)             :     Mr. Vikram Rajpurohit, PP



     HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

Order

15/01/2026

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 08:12:31 PM)

(2 of 2) [CRLMP-314/2026]

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. 32/2024

registered at the Police Station Jhab, Distt. Jalore.

5. The offences alleged against the petitioners are under Section

420, 419, 467, 468, 471 and 120B 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 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 23-architp/-

(Uploaded on 16/01/2026 at 08:12:31 PM)

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