Damodar Das Swami vs State Of Rajasthan (2026:Rj-Jd:3051)
2026 Latest Caselaw 795 Raj

Rajasthan High Court - Jodhpur

Damodar Das Swami vs State Of Rajasthan (2026:Rj-Jd:3051) on 19 January, 2026

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2026:RJ-JD:3051]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                    S.B. Criminal Misc(Pet.) No. 390/2026

Damodar Das Swami S/o Radheshyam Swami, Aged About 28
Years, R/o Village Godharan, Shri Balaji, District Nagaur
                                                                       ----Petitioner
                                       Versus
1.       State Of Rajasthan, Through Pp
2.       Gawra Swami W/o Damodar Das Swami, D/o Chunnilal R/
         o Behind Wool Mandi Banglanagar Bikaner
                                                                    ----Respondents


For Petitioner(s)            :     Mr. Hari Shanker Shrimali
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 petitioner for quashing of the FIR No.09/2026,

registered at Police Station Mahila Thana (Bikaner), District

Bikaner for the offence under Sections 85 BNS (498-A IPC),

115(2) BNS (323 IPC) & 316(2) BNS (406 IPC).

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

petitioner 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

(Uploaded on 19/01/2026 at 06:35:52 PM)

[2026:RJ-JD:3051] (2 of 2) [CRLMP-390/2026]

(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 petitioner is found to be

absolutely necessary by the Investigating Agencies, instead of

affecting the arrest of the petitioner at once, a prior notice of 20

days shall be given to him so that he may exercise his legitimate

rights. Needless to say that the petitioner is not precluded from

raising his 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 33-himanshu/-

(Uploaded on 19/01/2026 at 06:35:52 PM)

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