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Rajasthan High Court – Jodhpur
N Ghevarchand vs State Of Rajasthan (2025:Rj-Jd:30462) on 12 July, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:30462]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5409/2025
1. N Ghevarchand S/o Nimichand, Aged About 82 Years,
Resident Of 2030, 1St Main Road, Rpc Layout, Vijay
Nagar, Bengaluru, Karnataka
2. G. Leela Devi W/o N Ghevarchand, Aged About 71 Years,
Resident Of 2030 1St Main Road, Rpc Layout, Vijay Nagar,
Bengaluru, Karnataka
3. Gyan Chand Kataria S/o N Ghevarchand, Aged About 51
Years, Resident Of 4/e 14Th Main Road, Vijay Nagar,
Bengaluru, Karnataka.
4. Sapna W/o Sh. Gyan Chand, Aged About 49 Years,
Resident Of 4/e 14Th Main Road, Vijay Nagar, Bengaluru,
Karnataka
5. G Mahendra Kumar S/o N Ghevarchand, Aged About 49
Years, Resident Of 2030 1St Main Road, Rpc Layout, Vijay
Nagar, Bengaluru, Karnataka
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Anita W/o Mahendra Kumar, Resident Of Rajendra Market,
Sumerpur Pali (Raj.). Presently Residing At 52, 1St Cross
Road, Near Indian Petrol Bunk, Gokula 1St Stage, Bk
Nagar, Yeswanthpur, Bengluru, Karnataka 560022.
----Respondents
For Petitioner(s) : Mr. Bhavit Sharma
For Respondent(s) : Mr. Narendra Gehlot, PP with
Mr. Omprakash.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
12/07/2025
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[2025:RJ-JD:30462] (2 of 3) [CRLMP-5409/2025]
The learned Public Prosecutor placed on record the factual
report dated 10.07.2025 received by him from the office of SHO,
P.S. Sumerpur, District Pali is taken on record.
The impugned FIR and the factual report dated 10.07.2025
submitted before this Court indicates that the police after making
thorough investigation in relation to the impugned FIR
No.43/2025, registered at Police Station Sumerpur, District Pali
has found the alleged offences to be proved only against the
petitioner No.5 i.e. husband of the complainant. In other words,
the offences have not been found against the petitioner No.1- N
Ghevarchand, petitioner No.2 G. Leela Devi, petitioner No.3- Gyan
Chand Kataria and petitioner No.4 Sapna.
In that view of the matter, the cognizable offences have
prima facie been found against only the petitioner No.5, thus this
Court is not inclined to accept the instant criminal misc. petition
filed of behalf of the petitioners with a prayer for quashing of the
impugned FIR.
Having perused the impugned FIR, this Court prima facie
finds that the offences alleged to have been committed by the
petitioner No.5 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 (Section 41, 41-A Cr.P.C.) as well as the judgment passed
by the 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 are found to be
absolutely necessary by the Investigating Agencies, instead of
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[2025:RJ-JD:30462] (3 of 3) [CRLMP-5409/2025]
affecting the arrest of the petitioners at once, a prior notice of 15
days shall be given to them so that they may exercise their
legitimate rights. Needless, to say that the petitioner are not
precluded from raising their grievance before the trial 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
39-himanshu/-
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