Hemant Sharma vs State Of Rajasthan
2026 Latest Caselaw 977 Raj

Rajasthan High Court - Jodhpur

Hemant Sharma vs State Of Rajasthan on 21 January, 2026

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
              S.B. Criminal Misc(Pet.) No. 500/2026

Hemant Sharma S/o Tejshankar Sharma, Aged About 36 Years,
R/o Madhuvan, Chittorgarh, Rajasthan
                                                                   ----Petitioner
                                   Versus
1.     State Of Rajasthan, Through Public Prosecutor
2.     Sharda Chauhan D/o Kailash Chauhan, R/o Chanderiya,d
       Istrict Chittorgarh, Rajasthan
                                                                ----Respondents


For Petitioner(s)        :     Mr. Ansarul Hak for
                               Mr. Bharat Shrimali
For Respondent(s)        :     Mr. Hanuman Prajapat, P. P.



          HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

21/01/2026

1. The instant criminal petition under Section 528 BNSS has

been filed by the petitioner seeking quashing of the FIR

No.427/2025 lodged at Police Station Sadar Chittorgarh, District

Chittorgarh, for the offences punishable under Sections 420, 419

& 120-B of IPC.

2. Heard learned counsel for the parties and perused the

material as made available to this Court.

3. This Court, upon a perusal of the case file and the impugned

FIR, prima facie finds that the offences alleged to have been

committed by the petitioner are either triable by a Court of

Magistrate and/or do not contain the maximum punishment of

more than seven years, and keeping in mind the provisions

contained in Section 35 BNSS (Sections 41, 41-A Cr.P.C.) as well

(Uploaded on 21/01/2026 at 05:32:54 PM)

(2 of 2) [CRLMP-500/2026]

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

Agency, instead of affecting the arrest of the petitioner at once, a

prior notice of 15 days shall be given to him so that he may

exercise his rights. Needless to say that the petitioner is not

precluded from ventilating his grievances before this Court or trial

Court, if occasion so arises, at an appropriate stage.

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

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

5. Stay application also stands disposed of.

(KULDEEP MATHUR),J 29-A.Arora/-

(Uploaded on 21/01/2026 at 05:32:54 PM)

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