Dharmendra Lohar vs State Of Rajasthan (2026:Rj-Jd:2725)
2026 Latest Caselaw 669 Raj

Rajasthan High Court - Jodhpur

Dharmendra Lohar vs State Of Rajasthan (2026:Rj-Jd:2725) on 16 January, 2026

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2026:RJ-JD:2725]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Criminal Misc(Pet.) No. 327/2026

1.       Dharmendra Lohar S/o Rameshwar Lal Lohar, Aged About
         21 Years, R/o 44 Gali No.2 Machhala Magra Swaraj Nagar
         Girwa Udaipur
2.       Yugal Singh Hada S/o Ashok, Aged About 21 Years, R/o
         420 Gali No.1 Kailash Basti Savina Udaipur
                                                                      ----Petitioners
                                       Versus
1.       State Of Rajasthan, Through Pp
2.       Smt Anita Bhagora D/o Laxman Bhagora, R/o Bajariya
         Kherwada District Udaipur
                                                                    ----Respondents
                                 Connected With
                    S.B. Criminal Misc(Pet.) No. 328/2026
1.       Priti Pareek S/o Ramesh Chandra, Aged About 48 Years,
         R/o 48 Gali No.2 Machhala Magra Swaraj Nagar Girwa
         Udaipur
2.       Ramesh Chandra S/o Bhura Lal, Aged About 32 Years, R/o
         Vallabhnagar Tehsil Vallabrnagar District Udaipur
3.       Heera Lal S/o Babu Lal, Aged About 45 Years, R/o Bhana
         Magra Tehsil Vallachnagar District Udaipur
                                                                      ----Petitioners
                                       Versus
1.       State Of Rajasthan, Through Pp
2.       Anita Bhagora D/o Laxman                       Bhagora,      R/o   Bajariya
         Kherwada, District Udaipur
                                                                    ----Respondents


For Petitioner(s)            :     Ms. Deepika Purohit
For Respondent(s)            :     Mr. Hanuman Prajapati, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

16/01/2026 These criminal misc. petitions under Section 528 BNSS have

been filed by the petitioners for quashing of the FIR No.315/2025,

registered at Police Station Kherwara, District Udaipur for the

offences under Sections 316(2) & 318(4) of BNS.

(Uploaded on 16/01/2026 at 06:24:28 PM)

[2026:RJ-JD:2725] (2 of 2) [CRLMP-327/2026]

Heard learned counsel for the parties at bar. Perused the

material as made available to this Court and gone through the

niceties of these matters.

Having perused the impugned FIR, this Court prima facie

finds that the offences alleged to have been committed by the

petitioners are either triable by a Court of Magistrate or do not

contain the maximum imprisonment of more than seven years,

and keeping in mind the provisions contained in Section 35 BNSS

(Section 41, 41-A Cr.P.C.) as well as the judgment passed by the

Hon'ble Supreme Court in the case of Arnesh Kumar vs. State

of Bihar, reported in AIR 2014 SC 2756, the dictum of which

squarely applies mutatis mutandis to the present cases, it is

directed that in case, the arrest of the petitioners is found to be

absolutely necessary by the Investigating Agencies, instead of

affecting the arrest of the petitioners at once, a prior notice of

one month shall be given to them so that they may exercise their

legitimate rights. Needless to say that the petitioners are not

precluded from raising their grievance before the trial Court.

With the aforesaid direction, these criminal misc. petitions

filed under Section 528 BNSS (482 Cr.P.C.) as well as stay

applications are disposed of.

A copy of this order be placed in each file.

(KULDEEP MATHUR),J 15-16-himanshu/-

(Uploaded on 16/01/2026 at 06:24:28 PM)

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