Surendra Singh Rathore vs State Of Rajasthan (2026:Rj-Jd:3093)
2026 Latest Caselaw 765 Raj

Rajasthan High Court - Jodhpur

Surendra Singh Rathore vs State Of Rajasthan (2026:Rj-Jd:3093) on 19 January, 2026

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2026:RJ-JD:3093]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Criminal Misc(Pet.) No. 407/2026

Surendra Singh Rathore S/o Khuman Singh Rathore, Aged About
30 Years, R/o Mandap Ka Dhana, Palana Khurd, District Udaipur
(Raj).
                                                                       ----Petitioner
                                       Versus
1.       State Of Rajasthan, Through Pp
2.       Mangilal S/o Ganesh Lal Oad, Posted As Asi, Police Station
         Ghasa, District Udaipur, Alwar Gate, District Ajmer (Raj)..
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Jagatveer Singh Deora
For Respondent(s)            :     Ms. Sonu Manawat, P. P.



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

19/01/2026

1. Heard learned counsel for the petitioner and perused the

material made available before this Court.

2. The FIR No.136/2025 dated 29.11.2025 registered at Police

Station Ghasa, District Udaipur prima facie discloses commission

of cognizable offence.

3. In the opinion of this Court, since the FIR discloses the

commission of cognizable offence; thus, no case for quashing of

FIR is made out against the present petitioner as an FIR cannot be

quashed on the ground of bald assertion of false allegations

against the petitioner.

4. This Court upon a perusal of the case file prima facie finds

that the offences alleged to have been committed by the petitioner

do not contain the maximum punishment of more than seven

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[2026:RJ-JD:3093] (2 of 2) [CRLMP-407/2026]

years, and keeping in mind the provisions 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 apply 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, the said

agencies instead of affecting the arrest of the petitioner at once,

are directed to issue a prior notice of ten days to the petitioner so

that he may exercise his rights. Needless to say that the petitioner

is not precluded from raising his grievance before the trial Court.

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

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

(KULDEEP MATHUR),J 49-A.Arora/-

(Uploaded on 20/01/2026 at 11:02:07 AM)

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