Usha Rani vs State Of Rajasthan (2026:Rj-Jd:2728)
2026 Latest Caselaw 720 Raj

Rajasthan High Court - Jodhpur

Usha Rani vs State Of Rajasthan (2026:Rj-Jd:2728) on 16 January, 2026

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2026:RJ-JD:2728]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Criminal Misc(Pet.) No. 332/2026

1.       Usha Rani W/o Late Shri Satpal, Aged About 60 Years,
         Resident Of Guru Nanak, Nagar Hanumangarh Town,
         District Hanumangarh
2.       Sunita D/o Late Shri Satpal, Aged About 40 Years, W/o
         Narendra        Kumar        Resident         Of      Chunawad      District
         Sriganganagar
3.       Seema D/o Late Shri Satpal, Aged About 38 Years, W/o
         Banwari Lal Resident Of Rawatsar District Hanumangarh
4.       Jyoti D/o Late Shri Satpal, Aged About 36 Years, W/o
         Kuldeep        Kumar       Resident         Of      Dablirathan     District
         Hanumangarh
5.       Pankaj S/o Late Shri Satpal, Aged About 35 Years,
         Resident Of Hanuman Town District Hanumangarh
                                                                      ----Petitioners
                                       Versus
1.       State Of Rajasthan, Through Pp
2.       Gourav Setiya S/o Shri Ashok Kumar Setiya, R/o Gali No.
         17, Nai Abadi, Hanumangarh Town, Dist. Hanumangarh
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Vipin Makkad
For Respondent(s)            :     Mr. Hanuman Prajapati, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

16/01/2026 This criminal misc. petition under Section 528 BNSS has

been filed by the petitioners for quashing of the FIR No.687/2025,

registered at Police Station Anupgarh, District Sri Ganganagar for

the offences under Sections 318(4) and 61(2) of BNS.

(Uploaded on 16/01/2026 at 06:50:29 PM)

[2026:RJ-JD:2728] (2 of 2) [CRLMP-332/2026]

Heard learned counsel for the parties at bar. Perused the

material as made available to this Court and gone through the

niceties of the matter.

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 case, 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, the misc. petition filed under

Section 528 BNSS (482 Cr.P.C.) as well as stay application are

disposed of.

(KULDEEP MATHUR),J 18-himanshu/-

(Uploaded on 16/01/2026 at 06:50:29 PM)

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