Salim Khan vs State Of Rajasthan (2026:Rj-Jd:3264)
2026 Latest Caselaw 772 Raj

Rajasthan High Court - Jodhpur

Salim Khan vs State Of Rajasthan (2026:Rj-Jd:3264) on 19 January, 2026

[2026:RJ-JD:3264]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
               S.B. Criminal Misc(Pet.) No. 10826/2025

Salim Khan S/o Mohammed Ali Khan, Aged About 45 Years,
Resident Of Fuliya Gate, Shahpura, District Bhilwara, Raj.
                                                                    ----Petitioner
                                     Versus
1.       State Of Rajasthan, Through Pp
2.       Kanchan    Devi       W/o    Ramniwas          Bachda,     Resident   Of
         Shahpura, P.s. Shahpura, District Bhilwara, Raj.
                                                                 ----Respondents


For Petitioner(s)          :    Mr. C.P. Rajoria
For Respondent(s)          :    Mr. H.S. Jodha, PP



      HON'BLE MR. JUSTICE BALJINDER SINGH SANDHU

Order

19/01/2026

1. After arguing for some time, learned counsel for the petitioner

does not want to press the instant criminal misc. petition. However,

he seeks liberty for the petitioner to submit a representation to the

concerned Superintendent of Police with appropriate directions to

decide the same and issue necessary instructions to the concerned

Investigating Officer.

2. Accordingly, the instant criminal misc. petition is disposed of

as not pressed with liberty to the petitioner to submit a detailed

representation to the concerned Superintendent of Police averring

therein all the grounds which have been raised in this petition within

a period of 07 days from the date of receipt of a copy of this order.

3. In the event, the representation is submitted, the concerned

Superintendent of Police is directed to minutely and objectively

consider the contents of the same and thereafter, issue necessary

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[2026:RJ-JD:3264] (2 of 2) [CRLMP-10826/2025]

instructions to the Investigating Officer. All the relevant documents

with the representation shall also be taken into consideration. The

representation shall be decided within a period of 15 days from the

date of receipt of the same. The parties will be at liberty to

approach this Court again, if grievance arises.

4. Till 15 days from the date of filing of representation, the

petitioner shall not be arrested in connection with FIR No.315/2025,

registered at the Police Station Shahpura, District Bhilwara.

5. The offences alleged against the petitioner are under Sections

189(2), 329(3), 324(5), 303(2) of BNS and Section 3(1)(g) and

3(2)(va) of the SC/ST Act. Thus, the provisions contained under

Section 35 of BNSS (Sections 41 and 41A of the CrPC) are

applicable mutatis mutandis and the judgment rendered by Hon'ble

Supreme Court in the case of Arnesh Kumar v. State of Bihar

[AIR 2014 SC 2756] applies squarely in the present case,

therefore, it is deemed appropriate to direct the investigating officer

that in the event, the offences are found to be proved and the

arrest of the petitioner is absolutely necessary, then instead of

affecting arrest at once, a prior notice of 15 days shall be given to

the petitioner. Further the petitioner shall also be at liberty to raise

all permissible objections and issues before the trial court at the

appropriate stage of proceedings

6. All pending application(s), if any, stand disposed of.

(BALJINDER SINGH SANDHU),J 200-Hanuman/-

(Uploaded on 20/01/2026 at 06:35:21 PM)

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