Umaram vs State Of Rajasthan (2025:Rj-Jd:29238) on 7 July, 2025

Rajasthan High Court – Jodhpur

Umaram vs State Of Rajasthan (2025:Rj-Jd:29238) on 7 July, 2025

Author: Kuldeep Mathur

Bench: Kuldeep Mathur

[2025:RJ-JD:29238]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Criminal Misc(Pet.) No. 5202/2025

1.       Umaram S/o Shri Punmaram, Aged About 65 Years,
         Resident Of     Nourangdesar, Napasar,                  District Bikaner
         (Rajasthan).
2.       Laxman Ram S/o Shri Nanuram, Aged About 36 Years,
         Resident Of     Nourangdesar, Napasar,                  District Bikaner
         (Rajasthan).
3.       Tarachand S/o Shri Umaram, Aged About 20 Years,
         Resident Of     Nourangdesar, Napasar,                  District Bikaner
         (Rajasthan).
4.       Salman Khan S/o Shri Amir Hasan, Aged About 31 Years,
         R/o Tilak Nagar, Jai Narayan Vyas Colony, Dist. Bikaner,
         Raj.
                                                                   ----Petitioners
                                      Versus
1.       State Of Rajasthan, Through PP.
2.       Sunderlal   S/o       Shri   Dhannaram,           R/o    Kalyansar,   P.s.
         Napasar, Dist. Bikaner, Raj.
                                                                 ----Respondents


For Petitioner(s)          :     Mr. Trilok Joshi
For Respondent(s)          :     Mr. Narendra Singh Chandawat, PP



            HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

07/07/2025

1. The instant criminal petition under Section 528 BNSS has

been filed by the petitioners seeking quashing of the FIR

No.154/2025 lodged at Police Station Sadar Bikaner, District

Bikaner, for the offences punishable under Sections 318(4) and

61(2) of BNS.

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[2025:RJ-JD:29238] (2 of 2) [CRLMP-5202/2025]

2. The factual report dated 03.07.2025 received by the learned

Public Prosecutor from the office of the SHO, Police Station Sadar

Bikaner, District Bikaner is taken on record.

3. Heard learned counsel for the parties and perused the

material as made available to this Court.

4. This Court, upon a perusal of the case file and the factual

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

committed by the 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 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 applies 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 Agency, instead of affecting the arrest of the

petitioners at once, a prior notice of 20 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.

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

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

(KULDEEP MATHUR),J
79-Dinesh/-

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