Rajasthan High Court – Jodhpur
Pankaj Kumar Panwar vs State Of Rajasthan (2025:Rj-Jd:34852) on 5 August, 2025
[2025:RJ-JD:34852]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 5449/2025
Pankaj Kumar Panwar S/o Shri Shiv Dayal Panwar, Aged About
24 Years, R/o Khorandi, Nagaur, Rajasthan
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. The SHO, P.S. Chitawa, Chitawa, Dist.- Didwana-
Kuchaman, Raj.
----Respondents
For Petitioner(s) : Mr. M.S. Rathore
For Respondent(s) : Mr. Hathi Singh Jodha, Public
Prosecutor
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
05/08/2025
1. Learned counsel for the petitioner does not want to press the
instant criminal misc. petition. However, he seeks liberty for the
petitioner to submit a representation to the concerned
Superintendent of Police with appropriate directions to decide the
same and issue necessary instructions to the concerned
Investigating Officer.
2. Accordingly, the instant criminal misc. petition as well as stay
petition are dismissed as not pressed with liberty to the petitioner
to submit a detailed representation to the concerned
Superintendent of Police averring therein all the grounds which
have been raised in this petition within a period of 10 days from
the date of receipt of a copy of this order.
3. In the event, the representation is submitted, the concerned
Superintendent of Police is directed to minutely and objectively
consider the contents of the same and thereafter, issue necessary
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[2025:RJ-JD:34852] (2 of 2) [CRLMP-5449/2025]
instructions to the Investigating Officer. All the relevant
documents with the representation shall also be taken into
consideration. The representation shall be decided within a period
of 30 days from the date of receipt of the same. Till 30 days from
the date of filing of representation, the petitioner shall not be
arrested in connection with FIR No.38/2025, registered at the
Police Station Chitawa, District Didwana-Kuchaman.
4. The offences alleged against the petitioner are under
Sections 16, 54, 54(A), 54D of the Rajasthan Excise Act and
Sections 123, 318(4) of the BNS and Sections 52 & 63 of the
Copyright Act, 1957. Thus, the provisions contained under Section
35 of BNSS (Sections 41 and 41A of Cr.P.C.) are applicable
mutatis mutandis and the judgment rendered by Hon’ble Supreme
Court in the case of Arnesh Kumar v. State of Bihar [AIR
2014 SC 2756] applies squarely in the present case, therefore, it
is deemed appropriate to direct the investigating officer that in the
event, the offences are found to be proved and the arrest of the
petitioner are absolutely necessary, then instead of affecting
arrest at once, a prior notice of 15 days shall be given to the
petitioner. Further the petitioner shall be at liberty to raise all
permissible objections and issues before the trial court at the
appropriate stage of proceedings.
5. Pending applications, if any, also stand disposed of.
(MUKESH RAJPUROHIT),J
43-Ramesh/-
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