Manoj Tiwari vs State Of Rajasthan (2026:Rj-Jd:2661)
2026 Latest Caselaw 672 Raj

Rajasthan High Court - Jodhpur

Manoj Tiwari vs State Of Rajasthan (2026:Rj-Jd:2661) on 16 January, 2026

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2026:RJ-JD:2661]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Criminal Misc(Pet.) No. 181/2026

Manoj Tiwari S/o Shyam Lal Tiwari, Aged About 50 Years, R/o
Bhatij Ki Badi , Hathipole, Raj
                                                                       ----Petitioner
                                       Versus
1.       State Of Rajasthan, Through Pp
2.       Dr Ankur Sharma S/o Kamlesh Kumar, Residentof 1/535,
         Tausar Road, Nagaur, Rajasthan, The Thens.m.o., Uphc,
         Bhupalpura, Udaipur, Rajasthan
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Kaushal Sharma
For Respondent(s)            :     Mr. Hanuman Ram Prajapati, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

16/01/2026

1. The instant criminal petition under Section 528 BNSS has

been filed by the petitioner seeking quashing of the FIR

No.178/2025 lodged at Police Station Hathipol, District Udaipur,

for the offences punishable under Sections 318(3), 319(2), 125,

3(5) of BNS; Sections 15(2)(b) and 17(4) of Indian MedicaL

Central Council Act and Section 27-A of Drugs and Cosmetics Act.

2. Heard learned counsel for the parties and perused the

material as made available to this Court.

3. This Court, upon a perusal of the case file and the impugned

FIR, prima facie finds that the offences alleged to have been

committed by the petitioner are either triable by a Court of

Magistrate and/or do not contain the maximum punishment of

more than seven years, and keeping in mind the provisions

(Uploaded on 16/01/2026 at 01:27:28 PM)

[2026:RJ-JD:2661] (2 of 2) [CRLMP-181/2026]

contained in Section 35 BNSS (Sections 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 case, it is directed that in case, the arrest of the

petitioner is found to be absolutely necessary by the Investigating

Agency, instead of affecting the arrest of the petitioner at once, a

prior notice of 15 days shall be given to him so that he may

exercise his rights. Needless to say that the petitioner is not

precluded from ventilating his grievances before this Court or trial

Court, if occasion so arises, at an appropriate stage.

4. With the aforesaid direction, the misc. petition filed under

Section 528 BNSS as well as stay application are disposed of.

(KULDEEP MATHUR),J 3-divya/-

(Uploaded on 16/01/2026 at 01:27:28 PM)

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