Aabid vs State Of Rajasthan (2026:Rj-Jd:3057)
2026 Latest Caselaw 756 Raj

Rajasthan High Court - Jodhpur

Aabid vs State Of Rajasthan (2026:Rj-Jd:3057) on 19 January, 2026

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2026:RJ-JD:3057]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Criminal Misc(Pet.) No. 395/2026

1.       Aabid S/o Mohammad Farukh, Aged About 68 Years,
         Basani Sadar Nagaur Rajasthsn
2.       Mohammad Yunus S/o Mohammad Usman, Aged About
         58 Years, Basani Sadar Nagaur Rajasthan
3.       Saiyad S/o Najir, Aged About 55 Years, Basani Sadar
         Nagaur Rajasthan
                                                                      ----Petitioners
                                       Versus
1.       State Of Rajasthan, Through Pp
2.       Mohammad S/o Gulam Mustafa, R/o Bangi Mohalla Basani
         Nagaur, Raj.
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Vasu Dev Gaur
For Respondent(s)            :     Ms. Sonu Manawat, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

19/01/2026 This criminal misc. petition under Section 528 BNSS has

been filed by the petitioners for quashing of the FIR No.08/2026,

registered at Police Station Sadar Nagaur, District Nagaur for the

offence under Section 318(4) BNS and all proceedings emanating

therein qua the petitioners.

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

(Uploaded on 19/01/2026 at 06:33:12 PM)

[2026:RJ-JD:3057] (2 of 2) [CRLMP-395/2026]

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 15

days 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/High

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 37-himanshu/-

(Uploaded on 19/01/2026 at 06:33:12 PM)

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