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Rajasthan High Court – Jodhpur
Amjad vs State Of Rajasthan (2025:Rj-Jd:35765) on 11 August, 2025
[2025:RJ-JD:35765]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc(Pet.) No. 6419/2025
1. Amjad S/o Rjak Khan, Aged About 33 Years, Bhainpura
Mohla, Nohar, Hanumanagrh, Raj
2. Bismila W/o Rjak Khan, Aged About 47 Years, Bhainpura
Mohla, Nohar, Hanumanagrh, Raj
----Petitioners
Versus
1. State Of Rajasthan, Through Pp
2. Rubina D/o Usman Khan, Ward No. 14, Bhadra,
Hanumangarh, Raj
----Respondents
For Petitioner(s) : Mr. Vinod Kumar Sihag
For Respondent(s) : Mr. H.S. Jodha, PP
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
11/08/2025
It is contended by learned counsel for the petitioners that
after 7 years of marriage, the impugned FIR was registered
against the petitioners for the offence under Section 498A of the
IPC.
Learned Public Prosecutor submits that as per the factual
report dated 08.08.2025, submitted by the Investigating Officer,
the petitioner No.2 has not been found to be involved in the
commission of crime; whereas the allegation has been found
proved against the petitioner No.1.
After arguing for some time, learned counsel for the
petitioners does not want to press the instant criminal misc.
petition. However, he seeks liberty only for the petitioner No.1 to
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[2025:RJ-JD:35765] (2 of 3) [CRLMP-6419/2025]
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.
Accordingly, the instant criminal misc. petition is disposed of
as not pressed with liberty only to the petitioner No.1 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.
In the event, the representation is submitted by petitioner
No.1, the 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 persists.
Till 30 days from the date of filing of representation, the
petitioner No.1 shall not be arrested in connection with FIR
No.202/2025 registered at the Police Station Bhadra, District
Hanumangarh.
The offences alleged against the petitioner No.1 is under
Section 85, 316(2) and 115(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
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case qua the petitioner No.1, 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 No.1.
Further the petitioner No.1 shall also be at liberty to raise all
permissible objections and issues before the trial court at the
appropriate stage of proceedings
Stay petition also stands disposed of.
The factual report dated 08.08.2025 submitted by the
learned Public Prose be taken on record.
(MUKESH RAJPUROHIT),J
128-Hanuman/-
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