Rajasthan High Court – Jodhpur
Bardichand Gurjar vs State Of Rajasthan (2025:Rj-Jd:28679) on 3 July, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:28679]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 4873/2025
1. Bardichand Gurjar S/o De Vran Gurjar, Aged About 34
Years, R/o Naya Sarsunda, Phuliya Kalla, Shahpura,
District Shahpura, Rajasthan.
2. Devkaran Gurjar S/o Roopa Gurjar, Aged About 60 Years,
R/o Naya Sarsunda, Phuliya Kalla, Shahpura, District
Shahpura, Rajasthan.
----Petitioners
Versus
1. State Of Rajasthan, Through PP
2. Shobha Lal Vaishnav S/o Gopal Das Vaishnav, R/o Juna
Gulabpura, Bhilwara.
----Respondents
For Petitioner(s) : Mr. S.K. Maru.
Mr. Chandra Shekhar.
For Respondent(s) : Mr. Narendra Gehlot, PP with
Mr. Omprakash Choudhary.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
03/07/2025
1. The instant criminal petition has been filed under Section
528 BNSS by the petitioners seeking quashing of the FIR
No.241/2023 lodged at Police Station Phuliya Kalla, District
Shahpura, for the offences under Sections 406, 420, 467 and 468
of IPC.
2. Heard learned counsel for the parties and perused the
material as made available to this Court as well as gone through
the niceties of the matter.
3. This Court upon a perusal of the case file prima facie finds
that the offences alleged to have been committed by the
(Downloaded on 03/07/2025 at 09:44:02 PM)
[2025:RJ-JD:28679] (2 of 2) [CRLMP-4873/2025]
petitioners 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 41, 41-A
Cr.P.C. as well as the judgment passed by Hon’ble the 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, instead of affecting the arrest of the
petitioners at once, a prior notice of twenty days shall be given to
them so that they may exercise their rights. Needless, to say that
the petitioners are not precluded from ventilating their 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 (482 Cr.P.C.) as well as stay application are
disposed of.
(KULDEEP MATHUR),J
60-Tikam/-
(Downloaded on 03/07/2025 at 09:44:02 PM)
Powered by TCPDF (www.tcpdf.org)