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Rajasthan High Court – Jodhpur
Vikram Gosawami vs State Of Rajasthan (2025:Rj-Jd:35813) on 11 August, 2025
[2025:RJ-JD:35813]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Appli No. 491/2025
Vikram Gosawami S/o Ujagar Singh, Aged About 36 Years, R/o
House No 51-52 Gali No. 2 Vini Hp Gusa Agency Ke Pas, Patak
Vihar Colony, Kotwali Patiyala, Punjab.
----Petitioner
Versus
1. State Of Rajasthan, Through PP
2. Sunita Goswami W/o Vikram Gosawami, Ward No. 24,
Sardar Sahar, District Churu
----Respondents
For Petitioner(s) : Mr. Shreekant Verma
For Respondent(s) : Mr. Sriram Choudhary, PP
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
11/08/2025
The instant misc. application has been filed on behalf of the
petitioner for correction in the order dated 05.08.2025 passed by
this Court in S.B. Criminal Misc. Petition No.5984/2025
(Vikram Gosawami Vs. State of Rajasthan & Anr.).
Learned counsel for the petitioner submits that the petitioner
had approached this Court by way of filing the aforementioned
criminal misc. petition for quashing of FIR; however, this Court
vide order dated 05.08.2025 dismissed that petition as not
pressed while directing the petitioner to file a representation
before the concerned Superintendent of Police within 30 days as
well as directing the Investigating Agency to give 15 days’ prior
notice before affecting the arrest of the petitioner, as per the
provision of Section 35 of BNSS (Sections 41 and 41-A of Cr.P.C.).
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[2025:RJ-JD:35813] (2 of 3) [CRLMA-491/2025]
It is submitted that due inadvertence, an incorrect direction for
fair and impartial investigation was typed in the said order. Thus,
it is prayed that the order may kindly be rectified and necessary
directions be issued accordingly.
Having considered the submissions advanced and on perusal
of the order in which correction is sought, it is evident that an
inadvertent error arose in the order dated 05.08.2025, whereby
an incorrect direction for fair and impartial investigation was
inserted, instead of the intended direction permitting the
petitioner to file a representation before the concerned
Superintendent of Police.
Accordingly, the instant application is allowed.
The order dated 05.08.2025 passed by this Court in S.B.
Criminal Misc. Petition No. 5984/2025 (Vikram Goswami
vs. State of Rajasthan & Anr.) stands rectified and the correct
order shall now read as follows: :-
“1. After arguing for some time, 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 is
disposed of 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 07
days from the date of receipt of a copy of this order.
3. In the event, the representation is submitted, the
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[2025:RJ-JD:35813] (3 of 3) [CRLMA-491/2025]concerned Superintendent of Police is directed to minutely
and objectively consider the contents of the same and
thereafter, issue necessary 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. The parties will be at liberty to
approach this Court again, if grievance arises.
4. Till 30 days from the date of filing of representation,
the petitioner shall not be arrested in connection with FIR
No.194/2025, registered at the Police Station Sardarshahar,
District Churu.
5. The offences alleged against the petitioner is under
Sections 74, 85, 89, 316(2) of the BNS. Thus, the
provisions contained under Section 35 of BNSS (Sections 41
and 41A of the CrPC) 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 is 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 also be
at liberty to raise all permissible objections and issues
before the trial court at the appropriate stage of
proceedings
6. Stay petition also stands disposed of.”
The Registry is directed to delete the earlier order dated
05.08.2025 from the official website of this Court.
(MUKESH RAJPUROHIT),J
312-Hanuman/-
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